ALBERT P. ROGERS, PERSONALLY, AND D/B/A ALBERT P. ROGERS, INC., APPELLANT,
v.
DEREK BROWNING PARKER, APPELLEE
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A landlord inspected a rental apartment after the tenant's rent payment was late and, finding it apparently abandoned, re-rented the unit and stored the tenant's belongings. The tenant returned with his overdue check and sued for wrongful eviction. The court reversed summary judgment for the tenant, holding that whether the tenant abandoned the premises or was wrongfully evicted presents a factual question for the jury.
Summary judgment was improper because the facts in evidence are reasonably susceptible of conflicting inferences regarding whether the tenant abandoned the apartment or was wrongfully evicted. The jury must decide whether the tenant was wrongfully evicted or whether the landlord correctly assumed the apartment had been abandoned.
[1] A summary judgment is improper if the facts in evidence are reasonably susceptible of conflicting inferences, even if there is no contradiction in the evidence.
[2] Whether a tenant has abandoned leased premises is a question of fact for the jury when the evidence allows for conflicting inferences.
Previewing 2 of 4 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“Rule 1.510(c), FRCP, 31 F.S.A., allows summary judgment when there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.”
Establishes the legal standard for summary judgment in Florida.
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Join FLexlaw to unlock all legal intelligenceParker rented an apartment from Rogers in Clearwater on a six-month lease while attending flight training school. Parker returned to Miami for Christm…
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Plaintiff Parker, appellee here, came to Clearwater from Miami for the purpose of attending a flight training school. Parker rented an apartment from appellant Rogers on a six-month lease. After living in the apartment for a while, Parker returned to Miami for the Christmas holidays.
The rental payment on the apartment in question did not arrive on the due date, January 5, 1969. Appellant inspected the apartment and determined that appellee had abandoned the premises. The apartment was then cleaned and re-rented, and Parker’s belongings were put in a garage. Parker’s rent check arrived in Rogers’ office on January 8, 1969, the same day that Parker returned to find someone else living in his apartment. Parker brought suit against Rogers in the Circuit Court of Pinellas County, alleging that he was wrongfully evicted, and that certain valuable articles missing from the apartment had been converted by Rogers. The circuit court granted summary judgment in favor of Parker on the issue of wrongful eviction.
Appellant Rogers appeals from this summary judgment and contends that a jury should determine whether or not Parker *429was wrongfully evicted. We find the appellant’s contention to be correct.
Rule 1.510(c), FRCP, 31 F.S.A., allows summary judgment when there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. Florida courts have held that even if there is no contradiction in the evidence, a summary judgment is not proper if the facts in evidence are reasonably susceptible of conflicting inferences. Pan American Distributing Co. v. Sav-A-Stop, Inc., Fla.App.1960, 124 So.2d 753; Touart v. Gonzalez, Fla.App.1963, 156 So.2d 656.
The inferences to be drawn from the evidence in this case could reasonably lead to different conclusions. It is for the jury to decide if appellee was wrongfully evicted or if appellant correctly assumed that the apartment had been abandoned.
Accordingly, the order granting summary judgment is reversed and the case is remanded for further action consistent with this opinion.
PIERCE and MANN, JJ., concur.
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Lynch v. Adel D. Tennyson, 443 So. 2d 1017 (Fla. 5th DCA 1983)…t as a matter of law, and such has been conceded on appeal. Cf, Baughman v. Vann, 390 So. 2d 750 (Fla. 5th DCA 1980). A summary judgment is not proper if the facts and evidence are reasonably susceptible of conflicting inferences. Rogers v. Parker, 241 So. 2d 428 (Fla. 2d DCA 1970). This court has recently stated that: The movant for a summary judgment has the initial burden of demonstrating the non-existence of any genuine issue of materia] fact. Once he tenders competent evidence to support his motion, th…
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Albertina Dettloff and Administrator of the Estate of Raymond Edward Dettloff v. Abraham Chevrolet, Inc., 534 So. 2d 745 (Fla. 2d DCA 1988)…m Development Corp., 373 So. 2d 719, 720 (Fla. 2d DCA 1979). Even if there is no contradiction in the evidence, a summary judgment should not be entered if the facts in evidence are reasonably susceptible of con-Dieting inferences. Rogers v. Parker, 241 So. 2d 428 (Fla. 2d DCA 1970). Obviously, we make no determination in this opinion regarding the merits of this action or the extent to which Mr. Dettloff may have contributed to his own death. We believe, however, considering the evidence in the light most f…
Authorities Cited
- PAN Am. Distrib. Co. v. Sav-A-Stop, 124 So. 2d 753 (Fla. 1st DCA 1960)
- Touart v. Lottie E. Gonzalez, 156 So. 2d 656 (Fla. 1st DCA 1963)