ALFRED M. CARVAJAL, APPELLANT,
v.
WALTER A. APFELBAUM AND HERBERT M. KLEIN, APPELLEES
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The Florida District Court of Appeal reversed a summary judgment, finding that genuine issues of material fact existed regarding whether a client had fully paid his attorneys' fees, thus precluding summary judgment.
Yes, genuine issues of material fact existed concerning whether the payment made by the client constituted the entire agreed-upon fee or only a partial payment, making summary judgment improper.
“It is evident from the state of the record that issues of fact existed, and the trial court erred in granting the summary judgment.”
Establishes the core reason for reversing the lower court's decision.
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Join FLexlaw to unlock all legal intelligencePlaintiffs, attorneys, sued their client, another attorney, for unpaid fees. The attorneys moved for summary judgment, supported by affidavits. The cl…
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Defendant appeals from a summary judgment granted plaintiffs.
Plaintiffs-lawyers brought suit against their client, another lawyer, seeking to recover their fee. Subsequent to the filing of the complaint plaintiffs moved for a summary judgment with affidavits annexed. Defendant submitted an affidavit in opposition and an answer to the complaint wherein he admitted he retained plaintiffs, but that he had paid them the agreed upon fee. He denied plaintiffs’ allegation, in their affidavit in support of the motion for summary judgment, that the amount paid by defendant represented a partial payment of the entire debt. The only evidence before the trial court were the pleadings, documents and affidavits, and on this the trial court granted the appellee’s motion for summary judgment.
It is evident from the state of the record that issues of fact existed, and the trial court erred in granting the summary judgment.1 One of the issues of fact being whether the amount of money paid to the appellee constituted the entire fee as defendant contends or a partial payment as plaintiff asserted.
*757Accordingly, the judgment appealed is reversed and remanded for proceedings consistent herewith.
Reversed and remanded.
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Haren v. Sundie, 219 So. 2d 731 (Fla. 3d DCA 1969)…rtgage by assignment after the due date. We therefore hold that the summary final judgment must be reversed and the cause remanded for the entry of a proper order pursuant to Rule 1.510(d), R.C.P., 31 F.S.A. Cf. Carvajal v. Apfelbaum, Fla.App.1964, 167 So. 2d 756. Reversed and remanded with directions.…