ROBBINS v. BLAYA

No. 77-2136.

363 So.2d 1128 (1978)

Malcolm ROBBINS, Appellant, v. Joaquin F. BLAYA, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied December 1, 1978.


Attorney(s) appearing for the Case

Reid & Heeke, Palm Beach, for appellant.

Miller & Russell and Edgar Miller, Miami, for appellee.

Before PEARSON, HENDRY and KEHOE, JJ.


KEHOE, Judge.

Appellant, plaintiff below, brings this appeal from a final summary judgment dated September 23, 1977, in favor of appellee. We must reverse because there were justiciable issues of fact which existed that could not be properly resolved by reference to a separate divorce action. Fla.R.Civ.P. 1.510. Accordingly, the final summary judgment appealed is reversed and the cause is remanded for further proceedings...

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