Bowe v. Giardina

Our opinion in Giardina v. Bowe, 680 So.2d 1071 (Fla. 3d DCA 1996), as reproduced below, sets out the facts of this case and its posture, when it previously appeared before us.

Sylvia Giardina appeals a final summary judgment entered in favor of defendant Leslie Bowe. We reverse. In the amended complaint, Giardina asserted claims for breach of contract and breach of fiduciary duty arising out of an oral joint venture agreement. Her claims arise from her participation in a Lotto pool with Bowe. A review of the record, which includes affidavits and depositions of the parties and other pool…