HAAS AUTOMATION, INC., ETC., APPELLANT,
v.
DR. ROBERT FOX, HELENE FOX, DR. STEVEN FOX, SHERRI FOX, AND FISHER AUCTION COMPANY, INC., APPELLEES

Fla. 3d DCA | 2014-11-19
No. 3D13-2424
Before SHEPHERD, C.J., and LAGOA and FERNANDEZ, JJ.
156 So. 3d 505 Florida District Court of Appeal, Third District (2014) Positive Treatment
Cited by 2 cases
Topics
Genuine Issue Of Material Fact Summary Judgment Standard Summary Judgment Standard Of Review

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Haas Automation, Inc. (“Haas”) appeals an order granting final summary judgment in favor of Dr. Robert Fox, Helene Fox, Dr. Steven Fox, Sherri Fox, and Fisher Auction Company, Inc. (collectively the Appellees). We reverse.

A review of the record reveals that genuine issues of material fact remain unresolved that preclude entry of summary judgment including the Bid Acknowledgement and Receipt for Deposit form, which lists the total percentage of the Buyer’s Premium as $620,000 and the total contract price as $6,820,000. Because these 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. Station, Inc. v. Campos, 595 So.2d 229, 230 (Fla. 3d DCA 1992).

Accordingly, we reverse the entry of summary judgment in favor of the Appel-lees.

REVERSED AND REMANDED.

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Cited By

  • Haas Automation, Inc. v. FOX, 243 So. 3d 1017 (Fla. 3d DCA 2018)
    …court entered final summary judgment in favor of the Foxes and Fisher Auction. We reversed, concluding that genuine issues of material fact regarding ambiguities in the Bid Acknowledgment Form precluded summary judgment. Haas Automation Inc. v. Fox, 156 So. 3d 505 (Fla. 3d DCA 2014) ("Haas I"). In that appellate case, both Haas and the Foxes moved this Court for an award of appellate attorney's fees, with both parties citing to their respective proposals for settlement and with Haas also relying upon the atto…

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