Fred S. Conrad Construction Co. v. Exchange Bank of St. Augustine

I regret that I am unable to agree with my colleagues either on the principles of law or the conclusion set forth in the majority opinion.

This case is before the court on an appeal from a summary final judgment. The facts are simple, uncomplicated, and there *222is no contention on the part of either party that a dispute exists in any of the material facts on which the judgment appealed is based. Although the majority opinion appears to create an illusion that there does exist an issue of fact to be resolved by a jury, such is not the case and is not the basis on which the majority opinion…