FOX v. FITZPATRICK

No. 94-2581.

661 So.2d 879 (1995)

John C. FOX, Appellant, v. Peter FITZPATRICK, Trustee of Douglas R. Allen Revocable Living Trust Number One, and as Beneficiary and Personal Representative of the Estate of Douglas R. Allen, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied November 8, 1995.


Attorney(s) appearing for the Case

Koppen, Watkins, Partners & Associates, and Philip Carlton, III, Miami, for appellant.

Joe N. Unger; Golden & Cowan, and Edward I. Golden, Miami, for appellee.

Before NESBITT, JORGENSON, and GERSTEN, JJ.


PER CURIAM.

Appellant, John Fox, appeals an adverse summary judgment, claiming that a court-ordered advisory report is incompetent to support a final summary judgment. We affirm.

This record contains a copy of the court-ordered auditor's report and the auditor's affidavit. Because the report and affidavit are consistent with each other, because there is no contrary evidence, and because there are no material issues of fact, summary judgment is appropriate...

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