Boykin v. Westbrook Air Conditioning & Plumbing, Inc., 267 So. 2d 98 (Fla. 4th DCA 1972). · Go Syfert
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Boykin v. Westbrook Air Conditioning & Plumbing, Inc., 267 So. 2d 98 (Fla. 4th DCA 1972). Cases Citing This Book View Copy Cite
1 citation event across 1 distinct court.
Retrieving the full opinion text from the archive…
Marvin BOYKIN d/b/a Boykin Construction Company, etc.
v.
WESTBROOK AIR CONDITIONING & PLUMBING, INC., a Florida corporation
No. 71-910.
District Court of Appeal of Florida, Fourth District.
Sep 20, 1972.
267 So. 2d 98
William H. Stone of Law Offices of Richard H. Langley; Clermont, for appellant., Robert G. Murrell of Sam E. Murrell & Sons, Orlando, for appellee.
Cross, Owen, Walden.
Published

Lead Opinion

PER CURIAM.

Affirmed.

CROSS and OWEN, JJ., concur. WALDEN, J., dissents, with opinion.

Dissent

WALDEN, Judge

(dissenting):

Summary final judgment was entered for plaintiff in a breach of contract case. I would reverse. There are genuine issues of material fact which preclude judgment as a matter of law. Rule 1.510(c), Fla.R. Civ.P., 31 F.S.A.; Holl v. Talcott, 191 So.2d 40 (Fla. 1966). The record reveals a dispute at least as to the existence of a contract and whether same was based upon a cognizable mistake which would entitle appellant to relief. The judgment should be voided and the cause remanded to the end that the appellant might have his day in court.

I would reverse.