INVERRARY GARDENS CONDOMINIUM I ASSOCIATION, INC., APPELLANT,
v.
NANCY SPENDER, APPELLEE
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The court held that disputed issues of fact existed regarding the voluntariness of the termination, precluding summary judgment.
Spender sued Inverrary for breach of an employment contract, seeking severance pay. The trial court granted summary judgment, finding Spender's termin…
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PER CURIAM.
Inverrary Gardens Condominium I Association (Inverrary), appeals an amended Partial Summary Judgment entered in favor of Nancy Spender (Spender), on count I of her complaint which deals with a breach of an employment contract. The trial court found that there was no material issue of fact in dispute and ordered Inverrary to pay $95,011.44 to Spender. We reverse.
Spender argued and the trial court concluded that the undisputed facts were that the termination of Spender’s employment with Inverrary was involuntary and therefore, according to the employment agreement, the termination was “other than voluntary,” which entitled her to a full compensation package as severance compensation for the time remaining under the employment contract. Affidavits filed in opposition to the motion for summary judgment clearly show disputed issues of fact as to whether Spender’s termination was voluntary.
A party moving for summary judgment must establish the non-existence of any genuine issue of material fact as well as entitlement to judgment as a matter of law. See Wills v. Sears, Roebuck & Co., 351 So. 2d 29 (Fla.1977). We reverse the Partial Summary Judgment as to count I and remand for further proceedings.
Reversed and Remanded.
GUNTHER, POLEN and HAZOURI, JJ., concur.
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Inverrary Gardens Condo. I Ass'n, Inc. v. Spender, 939 So. 2d 1159 (Fla. 4th DCA 2006)…intment of a receiver to aid in execution upon judgment. The Association appealed the partial final summary judgment in favor of Spender on the breach of contract count. This court reversed and remanded. Inverrary Gardens Condo. I Ass’n v. Spender, 898 So. 2d 1206, 1207 (Fla. 4th DCA 2005). Subsequent to remand, Spender filed a motion to compel arbitration of the breach of contract claim. The trial court granted the motion, resulting in the present appeal. The issue for review is whether the trial court erre…
Authorities Cited
- Wills v. Sears, 351 So. 2d 29 (Fla. 1977)