NANCY A. REED, APPELLANT,
v.
JIM MORAN PONTIAC, INC., A FLORIDA CORPORATION, APPELLEE
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PER CURIAM.
Looking at the whole record and the inferences to be gained therefrom, it is our view that there were genuine issues as to material facts that stood in, the way of defendant’s motion for summary judgment. Rule 1.510 F.R.C.P., 31 F.S.A., Marden v. Marden, 276 So. 2d 493 (4th D.C.A.Fla. 1973); Playcare, Inc. v. Battaglia, 280 So. 2d 34 (4th D.C.A.Fla.1973); Sarasota County v. Stanton Investment Co. of Missouri, 283 So. 2d 152 (2d D.C.A.Fla.1973); American Bankers Ins. Co. of Florida v. Nolan’s Garage, Inc., 262 So. 2d 727 (3d D.C.A.Fla.1972); Williams v. Caterpillar Tractor Co., 149 So. 2d 898 (2d D.C.A.Fla. 1963). More specifically there was an issue as to whether or not defendant’s conduct of its business caused the accumulation of pollutants upon the plaintiff’s premises.
Reversed and remanded for further proceedings consistent herewith.
Reversed and remanded.
OWEN, C. J., WALDEN, J., and RUD-NICK, VAUGHN J., Associate Judge, concur.
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Zell v. Cobb, 566 So. 2d 806 (Fla. 3d DCA 1990)…here was no meeting of the minds on the essential terms of the alleged contract and the funds held in escrow never passed to the appellees, no enforceable agreement existed and the trial court properly entered summary judgment. See Madden v. Parker, 292 So. 2d 392 (Fla. 1st DCA), cert. denied, 297 So. 2d 309 (Fla.1974) (appellee’s prayer for specific performance of oral contract to sell real estate denied, even where deposit paid, where minds of parties never met). As to Count II of the complaint for breach…
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Taylor v. Fla. City, 322 So. 2d 35 (Fla. 3d DCA 1975)…we have found that issues of material facts were raised by the affidavits of appellant and appellees, it follows that the summary final judgment appealed, except as to Shriver, was incorrectly granted. Reed v. Jim Moran Pontiac, Inc., Fla.App. 1974, 292 So. 2d 392; Smith v. Quinn, Fla. App.1974, 291 So. 2d 264; Moore v. School Board, Fla.App.1974, 291 So. 2d 244; and 30 Fla.Jur., Summary Judgment § 11. We have considered the record, all points in the briefs and arguments of counsel in the light of the contro…
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- Williams v. Caterpillar Tractor Co., Inc., 149 So. 2d 898 (Fla. 2d DCA 1963)
- Am. Bankers Ins. Co. of Fla. v. Nolan's Garage, Inc., 262 So. 2d 727 (Fla. 3d DCA 1972)
- Marden v. Marden, 276 So. 2d 493 (Fla. 4th DCA 1973)
- Sarasota Cnty. v. Stanton Inv. Co. OF Mo., 283 So. 2d 152 (Fla. 2d DCA 1973)
- Playcare, Inc. v. Battaglia, 280 So. 2d 34 (Fla. 4th DCA 1973)