CHERRY v. ARNALL

No. 94-1858.

656 So.2d 287 (1995)

L.J. CHERRY, Appellant, v. Frank B. ARNALL, Conservation Plans, Inc., and A.B. Blackburn, Jr., Appellees.

District Court of Appeal of Florida, First District.

June 27, 1995.


Attorney(s) appearing for the Case

James W. Prevatt, Jr. of Airth, Sellers, Lewis & Prevatt, Live Oak, for appellant.

P. Campbell Ford of Osborne, McNatt, Shaw, O'Hara, Brown & Obringer, P.A., Jacksonville, for appellees.


PER CURIAM.

We find that the trial court erred in granting summary judgment as factual issues exist as to 1) whether the accord and satisfaction which was executed was intended to preclude appellant from seeking relief against appellee, and 2) whether appellant could have justifiably relied on alleged misrepresentations made by appellee.

We, therefore, reverse the summary judgment and remand for further proceedings...

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