INDUSTRIAL SUPPLIES, INC. OF FLORIDA, A FLORIDA CORPORATION, APPELLANT,
v.
RAYMOND J. HEREDIA AND MURIEL B. HEREDIA, HIS WIFE, APPELLEES
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Industrial Supplies, Inc. sought to enforce a purchase option in a lease of real property. The trial court entered summary judgment for the defendants (Heredias), but the appellate court reversed, finding a genuine issue of material fact regarding whether the husband had agency authority to bind the wife, particularly given the property was held as an estate by the entirety.
The court reversed the summary judgment because there is a genuine issue of material fact regarding the agency of the defendant-husband to bind the defendant-wife, making summary judgment inappropriate. The validity of the lease and the enforceability of the option contained therein present genuine issues of fact that preclude summary adjudication.
[1] A summary judgment is improper when there exists a genuine issue of material fact.
[2] An oral stipulation not made a part of the record cannot form the basis for appellate court action.
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“Accepting the record as presented, we must reverse the judgment appealed because there is clearly a genuine issue of material fact as to the agency of the defendant-husband to bind the defendant-wife.”
The court's primary basis for reversal: the existence of a factual dispute regarding agency authority that precludes summary judgment.
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Join FLexlaw to unlock all legal intelligenceIndustrial Supplies, Inc. leased real property from the Heredias and sought to enforce a covenant in the lease granting them the right to purchase the…
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The trial judge has entered in this cause a judgment entitled, “Summary Final Judgment for Defendants”. The defendants as appellees here have urged that the judgment was actually entered upon an oral stipulation which was not made a part of the record. Such stipulations cannot be the basis for action in the appellate court. See Steele v. State, 33 Fla. 348, 14 So. 841 (1894); RCP 1.030(d), 30 F.S.A. In addition, the judgment of the court recites that:
“This cause came on to be heard before me upon the Motion of the Defendant-counterclaimant for Summary Judgment and upon the Motion of the Plaintiff-counterdefendant for Summary Judgment, and the Court, having examined the pleadings on file herein and the depositions, together with the affidavits submitted in support of the motions, and the Court having heard argument of counsel and being otherwise fully advised in the premises, it is the finding of the Court:”
Accepting the record as presented, we must reverse the judgment appealed because there is clearly a genuine issue of material fact as to the agency of the defendant-husband to bind the defendant-wife.
The suit was instituted by the appellants to enforce a convenant in a lease granting appellants, who were the leasees, the right to purchase the real property leased to them. The appellees defended upon the ground that the lease was void because it was not signed by the appellee wife and the title to the real property was held as an estate by the entirety. Appellees further filed their counterclaim for removal of the appellants as tenants because of the alleged invalidity of the lease. The judgment entered denied the counterclaim, thus holding the lease, valid as a lease but declined to enforce the option contained in the lease thus holding the option invalid. It therefore appears that there is a genuine issue as to the validity of the lease and the option. The only basis in the record for the claimed invalidity of the option is the failure of the wife to sign the lease, but this holding would not support the judgment upon the counterclaim.
We determine from our examination of the record that the genuine issue of material fact above specified does exist. Craft v. American Agricultural Chemical Co., 81 Fla. 55, 87 So. 41 (1921); DuPuis v. 79th Street Hotel, Inc., Fla.App.1970, 231 So.2d 532; Brammer v. Ellison, 127 Colo. 428, 257 P.2d 430 (1953); Gordon v. O’Brien, 320 Mass. 739, 71 N.E.2d 221 (1947).
Reversed and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Arnold v. Arnold, 292 So. 2d 384 (Fla. 3d DCA 1974)…; the order was entered long after the hearing2 and the purported agreement was not incorporated in stenographic notes of the proceedings nor does it appear in the transcript of any deposition. Cf. Industrial Supplies, Inc. v. Heredia, Fla.App.1971, 247 So. 2d 510. Although not necessary for the decision in this case, we feel constrained to point out two additional errors in the order appealed in order to provide against unnecessary appeals. The marital residence of the parties is held as an estate by the en…
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Bird v. Bird, 436 So. 2d 981 (Fla. 3d DCA 1983)…existence of such an agreement through written stipulation, testimonial transcript or otherwise, the appellate court cannot consider it as a basis for review. Arnold v. Arnold, 292 So. 2d 384 (Fla. 3d DCA 1974); Industrial Supplies, Inc. v. Heredia, 247 So. 2d 510 (Fla. 3d DCA 1971). Having carefully considered the pleadings, transcripts and other documents contained in the record, we find that the [*982] lack of competent and substantial evidence to support the trial court’s order constitutes reversible erro…
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Raymond J. Heredia et ux. v. Indus. Supplies, Inc., 265 So. 2d 709 (Fla. 3d DCA 1972)…f a final judgment, which granted specific performance of an option to purchase provision contained in a written lease. The facts and positions of the parties are sufficiently recited in Industrial Supplies, Inc. of Florida v. Heredia, Fla.App.1971, 247 So. 2d 510, which reversed and remanded a final summary judgment which had earlier been entered in favor of defendants, Mr. and Mrs. Heredia. Where the chancellor is the trier of the facts, his findings of fact are accorded the weight of a jury verdict. The f…
Authorities Cited
- DuPUIS v. 79TH St. Hotel, Inc., 231 So. 2d 532 (Fla. 3d DCA 1970)
- Craft v. Am. Agric. Chem. Co., 81 Fla. 55 (Fla. 1921)
- Steele v. State, 33 Fla. 348 (Fla. 1894)