Walther v. Mirabella

Appellant/plaintiff Konrad Walther appeals the final summary judgment entered in favor of appellees/defendants Sal and Pamalina Mirabella in an action for specific performance of a written contract for the sale of real property. We reverse.

It is well settled, and it is not necessary to cite cases in support thereof, that summary judgment should not be granted if there is a genuine issue as to any material fact. In such instance summary judgment disposition is precluded as a matter of law. Fla.R.Civ.P. 1.510(c).

Without reciting the factual situation involved in this case, it is evident to us…