SYDNEY FORREST, APPELLANT,
v.
J. L. YOUNG AND COMPANY, INC., A FLORIDA CORPORATION ET AL., APPELLEES
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The appellate court reversed a summary final decree, finding that genuine issues of material fact existed regarding the appellant's capacity, the trust agreement's termination, and partial payment for a diamond ring.
Yes, genuine issues of material fact exist concerning the appellant's capacity, the termination of the trust agreement, and partial payment for the ring, which should have precluded summary judgment.
“While a presumption of correctness exists in favor of all judgments or decrees of the lower court, an appellate court should indulge all proper inferences in favor of a party against whom a summary judgment or decree has been entered.”
Establishes the standard of review for summary judgments, favoring the party against whom it was entered.
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Join FLexlaw to unlock all legal intelligenceThe case concerns a trust agreement under which the appellee-plaintiff transferred a diamond ring to the appellant. The trial court entered a summary …
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This case involves a trust agreement and the transfer of a diamond ring from appel-lee-plaintiff to appellant allegedly pursuant to that trust agreement.
The trial court entered a summary final decree in favor of plaintiff. In entering such a decree, the trial court necessarily found no genuine -issue of material fact to exist between the parties. (Rule 1.36 (c), Fla.R.Civ.P., 30 F.S.A.)
“While a presumption of correctness exists in favor of all judgments or decrees of the lower court, an appellate court should indulge all proper inferences in favor of a party against whom a summary judgment or decree has been entered. This means that all facts are con*365strued against the moving party. Conflicts in the evidence are resolved in favor of the appellant and against the propriety of the judgment. * * * ” Maloy, Fla.Appellate Prac. & Proc., § 10.15.
After consideration of the record we find genuine issues of material fact to exist, at least with respect to the capacity in which appellant entered into the trust agreement, the alleged termination of the agreement prior to the transfer of the diamond ring and the partial payment allegedly made on the ring in question.
Reversed.
ANDREWS, J., and ELMORE, FRANK H., Associate Judge, concur.
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Novotny v. The Est. OF Lillian S. Dantone, 848 So. 2d 398 (Fla. 4th DCA 2003)…ardianship of the person and the creation of the estate; and (iii) whether Novotny waived his claim. As to the first issue, the capacity of a party to enter into the contract is a material issue of fact. See generally Forrest v. J.L. Young and Co., 198 So. 2d 364 (Fla. 4th DCA 1967); Hemker v. Abdul, 716 So. 2d 817 (Fla. 2d DCA 1998). The record before us clearly establishes that there is a dispute over the validity of the contract based on Dantone’s capacity to enter into the contract. Our conclusion is su…