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Clements v. Sun Bank/Miami, N.A.

Citations: 545 So. 2d 308; 14 Fla. L. Weekly 976; 1989 Fla. App. LEXIS 2014; 1989 WL 36175Docket: No. 88-981

Court: District Court of Appeal of Florida; April 18, 1989; Florida; State Appellate Court

Narrative Opinion Summary

Genuine issues of material fact exist regarding the appellee's reasonable care and timeliness in executing a reinvestment program for trust assets, as claimed by the appellant. The cases cited, Banfield v. Addington and Floyd v. Video Barn, Inc., support this determination. Consequently, the summary judgment being reviewed is reversed.

Legal Issues Addressed

Genuine Issues of Material Fact

Application: The case involved disputes over the appellee's reasonable care and timeliness in executing a reinvestment program, which constituted genuine issues of material fact.

Reasoning: Genuine issues of material fact exist regarding the appellee's reasonable care and timeliness in executing a reinvestment program for trust assets, as claimed by the appellant.

Precedent Support for Reversal

Application: The court referenced precedent cases that support the determination of reversing the summary judgment.

Reasoning: The cases cited, Banfield v. Addington and Floyd v. Video Barn, Inc., support this determination.

Summary Judgment Reversal

Application: The court found that there were genuine issues of material fact that warranted the reversal of the summary judgment.

Reasoning: Consequently, the summary judgment being reviewed is reversed.