GREGORY A. MARTIN, APPELLANT,
v.
ADORNO & YOSS, L.L.P., APPELLEE

Fla. 3d DCA | 2008-06-11
No. 3D07-2084
Before GREEN, SUAREZ and CORTIÑAS, JJ.
983 So. 2d 744 Florida District Court of Appeal, Third District (2008) Positive Treatment
Cited by 2 cases

Opinion of the Court
SUAREZ, J.

SUAREZ, J.

Adorno & Yoss, L.L.P. (“Adorno”) brought a claim against Gregory A. Martin, a former firm partner, for breach of fiduciary duty. Adorno moved for summary judgment, and the parties submitted competing affidavits. The trial court granted Adorno’s motion for summary judgment, and Martin has appealed.

This Court examined the record agreement and determined that issues of material fact remain to be resolved, rendering summary judgment inappropriate. We reverse the order granting summary judgment and remand accordingly for further proceedings.

Reversed and remanded.


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Citator

Cited By

  • Avva-Bc, LLC v. Amiel, 25 So. 3d 7 (Fla. 3d DCA 2009)
    …unty v. Aberdeen at Ormond Beach, L.P., 760 So. 2d 126, 130 (Fla.2000) (“Summary judgment is proper if there is no genuine issue of material fact and if the moving party is entitled to judgment as a matter of law.”); Martin v. Adorno & Yoss, L.L.P., 983 So. 2d 744, 745 (Fla. 3d DCA 2008) (finding summary judgment was inappropriate where issues of material fact remained to be resolved); Raul Distribs., Inc. v. Fast Air Carrier, Ltd., 450 So. 2d 598, 599 (Fla. 3d DCA 1984) (“It is axiomatic that summary judgmen…
  • …n, 939 So. 2d 1144, 1145 (Fla. 3d DCA 2006) (citations omitted). Because Thomas failed to file her notice of appeal within the thirty days prescribed by Rule 9.110(b), this Court lacks jurisdiction to hear the appeal. Richardson v. Miami-Dade Cnty., 983 So. 2d 744 (Fla. 3d DCA 2008). Accordingly, we dismiss the appeal for lack of jurisdiction. APPEAL DISMISSED.…

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