JOSE GARCIA DE LOS SALMONES, APPELLANT,
v.
ALLEN D. STOLAR, APPELLEE

Fla. 3d DCA | 1978-04-11
No. 77-590
Before HENDRY and KEHOE, JJ., and CHARLES CARROLL (Ret.), Associate Judge.
357 So. 2d 261 Florida District Court of Appeal, Third District (1978) Positive Treatment
Cited by 2 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

Plaintiff appeals a summary final judgment entered in favor of the defendant in an action for damages wherein defendant, an attorney at law, was charged with negligently representing plaintiff in connection with the purchase of a hotel from defendant’s client. The defendant denied that he was negligent or that he breached any duty owed to the plaintiff.

The trial court found there were no genuine issues as to any material fact and that the defendant was entitled to a summary final judgment as a matter of law.

This appeal questions the propriety of such judgment. Our review of the record convinces us that there are genuine issues of material fact so as to preclude a summary disposition. Among the disputed issues of fact is whether there was an attorney-client relationship between the parties in relation to the purchase of the hotel; if so, was the defendant guilty of any negligence that resulted in damages to the plaintiff.

Therefore, the judgment is reversed and the cause remanded for further proceedings.

Reversed and remanded.


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Cited By

  • Eligio Barrios & Goldstone Co., N.V. v. Duran, 496 So. 2d 239 (Fla. 3d DCA 1986)
    …propriety of a final summary judgment disposing of a counter-claim and cross-claim. We reverse. There was a disputed issue of fact as to the alleged attorney-client relationship between the appellants and the appel-lee. De Los Salmones v. Stolar, 357 So. 2d 261 (Fla. 3d DCA 1978). There is also an issue of fact as to the intention of the parties in the execution of an agreement to which the appellee is not a party. Milford v. Metropolitan Dade County, 430 So. 2d 951 (Fla.3d DCA 1983); Letiziano v. Lytal, 4…

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