ATLANTIC PLAZA PARTNERSHIP v. DAYTONA SANDS, INC.

No. GG-314.

357 So.2d 761 (1978)

ATLANTIC PLAZA PARTNERSHIP, etc., et al., Appellants, v. DAYTONA SANDS, INC., etc., et al., Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied May 15, 1978.


Attorney(s) appearing for the Case

Charles Tindell, of Elliott, Tindell & Gehris, Daytona Beach, for appellants.

Jason G. Reynolds, of Coble, McKinnon, Reynolds, Rothert, Bohner & Godbee, Daytona Beach, for appellees.


MILLS, Acting Chief Judge.

Appellant Elliott filed a malicious prosecution counterclaim against appellees. The trial court entered a summary judgment in favor of appellees on the ground that there was no genuine issue of material fact as to appellees' defense of advice of counsel, therefore, appellees were entitled to a judgment as a matter of law. Elliott appeals contending the facts were conflicting and showed that a number of appellees never consulted with their...

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