BURCH v. KIBLER

No. 93-2019.

643 So.2d 1120 (1994)

Roger K. BURCH, Appellant, v. William KIBLER and Ila Jane Kibler, his wife, Doris M. Bernardi, Paul W. Bernardi, James Kibler and unknown person(s) renting and residing at 8173 S.E. Carlton Street, Hobe Sound, Florida, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied November 8, 1994.


Attorney(s) appearing for the Case

Jordan Fields of Fields & Wilkinson, P.A., Stuart, for appellant.

Robert L. Kilbride, Stuart, for appellee.


PARIENTE, Judge.

This is an appeal of the trial court's order granting a partial summary judgment reforming a warranty deed to remove appellant Roger Burch's (Burch) name. The motion for partial summary judgment on the reformation count was granted, although a motion to dismiss was pending and an answer was yet to be filed. Because we are unable to state with certainty that the answer Burch might properly serve could not present a genuine issue of material fact, we...

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