Narrative Opinion Summary
Appellants Robert A. Milne and Martha Milne are appealing a summary judgment granted in favor of appellees Snapper Village Condominium Association, Inc., BEC Construction Corp., and Cape Inc. Construction and Development. The court has determined that there are material issues of fact that preclude the granting of summary judgment. Citing relevant case law, including Dorse v. Armstrong World Industries, Inc., Moore v. Morris, and others, the court reverses the summary judgment decision and remands the case for further proceedings.
Legal Issues Addressed
Appellate Review of Summary Judgmentsubscribe to see similar legal issues
Application: Upon reviewing the case, the appellate court reversed the lower court's decision to grant summary judgment, emphasizing the necessity of resolving factual disputes.
Reasoning: The court reverses the summary judgment decision and remands the case for further proceedings.
Summary Judgment Standardssubscribe to see similar legal issues
Application: The court found that there were material issues of fact that needed resolution, making summary judgment inappropriate.
Reasoning: The court has determined that there are material issues of fact that preclude the granting of summary judgment.