HORJALES v. LOEB

No. 73-405.

291 So.2d 92 (1974)

Aquilino HORJALES, Appellant, v. Jan Gilbert LOEB et al., Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied March 26, 1974.


Attorney(s) appearing for the Case

Michael M. Tobin and Richard H.W. Maloy, Coral Gables, for appellant.

Carey, Dwyer, Austin, Cole & Selwood and Steven R. Berger, Horton & Perse and Arnold Ginsberg, Hawkesworth, Kay & Schmick, Fowler, White, Humkey, Burnett, Hurley & Banick, Miami, for appellees.

Before PEARSON, HENDRY and HAVERFIELD, JJ.


PEARSON, Judge.

This is an appeal from a final summary judgment for the defendants. The single point presented: "Whether the lower court erred in rendering a summary judgment in favor of the defendants based upon a determination of an issue of fact, to wit: Whether the plaintiff and the defendant Martinez colluded".

The point presented has two aspects. First, did the facts before the court warrant a finding of collusion. Second, does the court have the right...

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