Legal Opinion

Elmariah v. Orange Memorial Hospital Ass'n

District Court of Appeal of Florida

Decided April 2, 1980No. 79-339/T4-403PublishedCited by 1 opinion

1Opinion of the Court

COBB, Judge.

Elmariah, plaintiff below, appeals the entry of summary final judgment in favor of appellee, defendant below, Orange Memorial Hospital Association, Inc., in this breach of employment contract action.1 Only one of the issues raised requires reversal.

Where the record discloses that genuine issues of material fact exist, summary judgment is precluded. Holl v. Talcott, 191 So.2d 40 (Fla.1966). The record here reveals a genuine issue of material fact— whether the contract was for a definite term of twelve months.

Accordingly, the judgment is reversed and the cause remanded.

REVERSED and…

2Cases cited1 opinion

  1. Holl v. TalcottSupreme Court of Florida · 1966

3Cited by1 opinion

  1. Perez-Villarreal v. MaciaDistrict Court of Appeal of Florida · 1994

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