Narrative Opinion Summary
Summary final judgment in favor of Arvida Realty Sales against the Siders is reversed due to the existence of genuine issues of material fact that prevent resolution at the summary judgment stage. The key issue at hand involves a potential negligent misrepresentation by the broker regarding the actual square footage of the lot. The decision references relevant case law, including Holl v. Talcott, Atlantic National Bank of Florida v. Vest, and Miller v. Sullivan, to support this conclusion. The case is reversed and remanded for further proceedings, with Judges Letts, Walden, and Warner concurring.
Legal Issues Addressed
Negligent Misrepresentationsubscribe to see similar legal issues
Application: The potential negligent misrepresentation by the broker concerning the lot's square footage constitutes a genuine issue of material fact warranting further examination.
Reasoning: The key issue at hand involves a potential negligent misrepresentation by the broker regarding the actual square footage of the lot.
Reference to Precedent in Summary Judgmentsubscribe to see similar legal issues
Application: The decision to reverse and remand the case references established case law to underscore the necessity of resolving factual disputes at trial rather than through summary judgment.
Reasoning: The decision references relevant case law, including Holl v. Talcott, Atlantic National Bank of Florida v. Vest, and Miller v. Sullivan, to support this conclusion.
Summary Judgment Standardssubscribe to see similar legal issues
Application: The court reversed the summary judgment because genuine issues of material fact were found, indicating that the case was not suitable for resolution without a trial.
Reasoning: Summary final judgment in favor of Arvida Realty Sales against the Siders is reversed due to the existence of genuine issues of material fact that prevent resolution at the summary judgment stage.