SYLVIA GIARDINA, APPELLANT,
v.
LESLIE BOWE, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Court reversed summary judgment for defendant in breach of contract and breach of fiduciary duty case arising from oral joint venture agreement regarding lottery pool participation, finding genuine issues of material fact precluded summary judgment.
Summary judgment is improper when genuine issues of material fact exist regarding whether parties had an agreement to purchase lottery tickets, engaged in a joint venture, or established a fiduciary relationship.
[1] Summary judgment is improper when evidence raises conflicting factual issues regarding the existence of a contract, joint venture, or fiduciary relationship that should b…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“If the evidence raises any issue of material fact, if it is conflicting, if it will permit different reasonable inferences, or if it tends to prove the issues, it should be submitted to the jury as a question of fact to be determined by it.”
Standard for when summary judgment is improper due to factual disputes.
Giardina participated in a Lotto pool with Bowe and asserted claims for breach of contract and breach of fiduciary duty based on an alleged oral joint…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Oral Contract cases and more on FLexlaw
PER CURIAM.
Sylvia Giardina appeals a final summary judgment entered in favor of defendant Leslie Bowe. We reverse. In the amended complaint, Giardina asserted claims for breach of contract and breach of fiduciary duty arising out of an oral joint venture agreement. Her claims arise from her participation in a Lotto pool with Bowe. A review of the record, which includes affidavits and depositions of the parties and other pool members, reveals that genuine issues of material fact remain unresolved as to whether the parties had an agreement to purchase tickets as alleged in the amended complaint, whether the parties engaged in a joint venture, and whether they had established a fiduciary relationship. See Florida Rock & Sand Co. v. Cox, 344 So. 2d 1296 (Fla. 3d DCA 1977); Navarro v. Espino, 316 So. 2d 646 (Fla. 3d DCA 1975); Browning v. Peyton, 918 F. 2d 1516 (11th Cir.l990)(applying Florida law). “If the evidence raises any issue of material fact, if it is conflicting, if it will permit different reasonable inferences, or if it tends to prove the issues, it should be submitted to the jury as a question of fact to be determined by it.” Moore v. Morris, 475 So. 2d 666, 668 (Fla. 1985). Accordingly, the summary judgment is reversed.
Reversed and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Haas Automation, Inc. v. FOX, 156 So. 3d 505 (Fla. 3d DCA 2014)…factual issues should be resolved by a jury, summary judgment was improper. See Fla. Marlins Baseball Club, LLC v. Certain Underwriters at Lloyd’s London Subscribing to Policy No. 893/HC/97/9096, 979 So. 2d 429 (Fla. 3d DCA 2008); Giardina v. Bowe, 680 So. 2d 1071 (Fla. 3d DCA 1996). “Where there is room for rational difference of opinion as to the existence of evi-dentiary facts from which an ultimate factual conclusion is sought to be established, the court should submit the case to the jury.” 47th St. Serv…
-
Bowe v. Giardina, 719 So. 2d 941 (Fla. 3d DCA 1998)…PER CURIAM. Our opinion in Giardina v. Bowe, 680 So. 2d 1071 (Fla. 3d DCA 1996), as reproduced below, sets out the facts of this case and its posture, when it previously appeared before us. Sylvia Giardina appeals a final summary judgment entered in favor of defendant Leslie Bowe. We reverse. In the amended…
Authorities Cited
- Moore v. Morris, 475 So. 2d 666 (Fla. 1985)
- Browning v. Peyton, 918 F.2d 1516 (11th Cir. 1990)
- Fla. Rock & Sand Co. v. COX, 344 So. 2d 1296 (Fla. 3d DCA 1977)
- Guilberto Navarro v. Espino, 316 So. 2d 646 (Fla. 3d DCA 1975)