Durkin v. Morgan

WALDEN, Judge.

We approach again the question which has so often and for so long confounded counsel and the courts — should summary judgment have been entered?

The principles of law are well known and this case does not require a rehashing, a refinement or a re-consideration of them.

We reverse the summary final judgment here appealed for the reason that there are genuine issues of material fact which should have precluded its entry. Rule 1.510, R.C.P., 31 F.S.A. What are they? A firm of attorneys had obtained summary final judgment against the defendants, husband and wife, for attorneys’ fees…