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Picone v. Joyce L. Geras Real Estate, Inc.

Citations: 685 So. 2d 913; 1996 Fla. App. LEXIS 13058; 1996 WL 721558Docket: No. 96-00827

Court: District Court of Appeal of Florida; December 12, 1996; Florida; State Appellate Court

Narrative Opinion Summary

The court reverses the partial final summary judgment concerning counts IV and V of the third amended complaint, citing the recent authority established in Woodson v. Martin and HTP, Ltd. v. Lineas Aereas Costarricenses. The case is remanded for further proceedings. The decision is concurred by LAZZARA, A.C.J., QUINCE, J., and EVANS, DONALD C., Associate Judge.

Legal Issues Addressed

Authority of Legal Precedents

Application: The reversal was influenced by the authority of recent cases, demonstrating the impact of precedent on judicial decisions.

Reasoning: The court reverses the partial final summary judgment concerning counts IV and V of the third amended complaint, citing the recent authority established in Woodson v. Martin and HTP, Ltd. v. Lineas Aereas Costarricenses.

Concurrence of Judges

Application: The decision to reverse and remand was agreed upon by all the judges involved in the appellate decision.

Reasoning: The decision is concurred by LAZZARA, A.C.J., QUINCE, J., and EVANS, DONALD C., Associate Judge.

Remand for Further Proceedings

Application: After reversing the partial judgment, the case was sent back to the lower court for additional actions consistent with the appellate opinion.

Reasoning: The case is remanded for further proceedings.

Reversal of Partial Final Summary Judgment

Application: The court reversed the decision on counts IV and V of the third amended complaint based on recent legal precedents.

Reasoning: The court reverses the partial final summary judgment concerning counts IV and V of the third amended complaint, citing the recent authority established in Woodson v. Martin and HTP, Ltd. v. Lineas Aereas Costarricenses.