SUSINO v. ESTATE OF SUSINO

No. 88-0588.

544 So.2d 1058 (1989)

Leontine B. SUSINO, Appellant/Cross Appellee, v. ESTATE OF James V. SUSINO, Deceased; Theresa Hilger, Individually and As Co-Personal Representative, and Lucille Hino, Individually and As Co-Personal Representative, Appellees/Cross Appellants.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied July 14, 1989.


Attorney(s) appearing for the Case

Peter J. Forman and Gerald L. Knight of Gustafson, Stephens, Ferris, Forman & Hall, P.A., Fort Lauderdale, for appellant/cross appellee.

Sheldon Golding of Sheldon Golding, P.A., and Karen M. Zann of Balocco & Zann, Fort Lauderdale, for appellees/cross appellants.


PER CURIAM.

A genuine issue of material fact remains as to whether the appellees, Hilger and Hino, can be individually liable on the specific performance count. We reverse that portion of the final judgment finding Hilger and Hino not individually liable on the specific performance count because that count was never litigated at trial. In entering the final judgment, the trial court modified that portion of the previously entered partial summary judgment which...

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