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DIAZ v. SHER

No. 88-1016.

553 So.2d 280 (1989)

Roberto DIAZ, Appellant, v. Frank SHER, W. Myra, Ronald Molko, and M & S Management Co., Inc., Appellees.

District Court of Appeal of Florida, Third District.

November 28, 1989.

Attorney(s) appearing for the Case

Fleitas & Bujan and Jesus F. Bujan, Miami, for appellant.

Joe N. Unger; Mottlau & Abel, Miami, for appellees.

Before BARKDULL, BASKIN and COPE, JJ.

PER CURIAM.

The summary judgment is affirmed. First, the issues presented by the appellees' motion for summary judgment were within the scope of the issues framed by the pleadings. See generally Merrill Lynch, Pierce, Fenner & Smith, Inc. v. Benton, 467 So.2d 311, 313 (Fla.5th DCA 1985). Second, it appears without material dispute on the facts of the present case that the appellees were entitled to summary judgment. ...

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