SOUTHERN PINE ISLE CORP., APPELLANT,
v.
CAPITAL NATIONAL BANK, A NATIONAL BANKING ASSOCIATION, APPELLEE
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PER CURIAM.
Appellant, Southern Pine Isle Corporation, plaintiff in the trial court, appeals from an order granting the defendant’s motion for summary judgment with prejudice and denial of plaintiff’s motion for rehearing on such motion for summary judgment.
Plaintiff’s complaint was comprised of two counts, the first for fraud and the latter for breach of contract arising out of an alleged failure by the defendant bank close a loan based on a written commitment by the defendant bank to the plaintiff.
A careful review of the complaint, supporting affidavits and depositions relating to the evidentiary matters on the motion for summary judgment and the petition for rehearing thereon disclosed that there were genuine issues of material fact as to both counts of the complaint. Therefore, the order granting the motion for summary judgment is reversed; the order of dismissal with prejudice is vacated, and the cause is reinstated. Holl v. Talcott, Fla. 1966, 191 So. 2d 40.
Reversed and remanded with directions.
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Cap. Nat'l Bank (Peoples Downtown Nat'l Bank) v. S. Pine Isle Corp., 353 So. 2d 600 (Fla. 3d DCA 1977)…ns precedent to the enforcement of the written contract. Appellant subsequently moved for summary judgment, which was granted. Finding genuine issues of material fact, we reversed that judgment. See Southern Pine Isle Corp. v. Capital National Bank, 324 So. 2d 112 (Fla.3d DCA 1975). The cause proceeded to trial on two counts, to-wit: fraud and breach of contract. Prior to the commencement of the trial, counsel for appellant indicated that he would attempt to prove at trial that appel-lee had failed to perfor…
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Sugerman v. Harlan Street and Leo Greenfield, 339 So. 2d 261 (Fla. 3d DCA 1976)…PER CURIAM. Reversed on the authority of National Car Rental System Inc. v. Sonesta International Hotels Corp., 313 So. 2d 108 (Fla. 3rd DCA 1975); Southern Pine Isle Corp. v. Capital National Bank, 324 So. 2d 112 (Fla. 3rd DCA 1975), and remanded with directions to proceed to a hearing on the merits.…
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