Opinion

Gunn v. Tallahassee Board of Realtors

  • 11 Fla. L. Weekly 1409
  • 490 So. 2d 212
  • 1986 Fla. App. LEXIS 8442
Court
District Court of Appeal of Florida
Filed
Jun 24, 1986
Status
Published
Author
Wentworth
On the bench
Mills, Nimmons, Wentworth
Cited by
0 cases
Authority
More cited than 26.3%

The opinion

WENTWORTH, Judge.

Appellant seeks review of a final summary judgment entered in a declaratory judgment action, asserting that no factual issue and no actual controversy was presented and that the court below thus should have declined to enter a judgment and dismissed the action. We find that a sufficient controversy was presented so as to authorize a declaratory judgment. We further find, consistent with appellant’s contention that no disputed factual issue exists, that it was appropriate for the court to resolve the action by entry of a summary judgment. See Pancoast v. Pancoast, 97 So.2d 875 (Fla. 2d DCA 1957); cf., Fla.R.Civ.P. 1.510(a). We therefore affirm the order appealed.

MILLS, J., concurs.

NIMMONS, J., dissents with written opinion.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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