SHERIDAN HEALTHCORP, INC. v. AMKO

No. 4D07-3745.

993 So.2d 167 (2008)

SHERIDAN HEALTHCORP, INC., Santiago H. Triana, M.D., individually, and Santiago H. Triana, M.D., Inc., Appellants, v. Carl C. AMKO, M.D., Carl C. Amko, M.D., P.A., Fort Lauderdale Surgery Associates, and AAA Surgeons, Inc., Appellees.

District Court of Appeal of Florida, Fourth District.

October 29, 2008.


Attorney(s) appearing for the Case

William R. Amlong, Karen Coolman Amlong and Jennifer Daley of Amlong & Amlong, P.A., Fort Lauderdale, for appellants.

Harvey J. Sepler of Harvey J. Sepler, P.A. and Marc J. Tannen of Marc J. Tannen, P.A., Hollywood, for appellees.


WARNER, J.

In this action for breach of fiduciary duty against members of a joint venture for the provision of medical services and breach of contract against the controlling entity, the trial court entered summary final judgment, finding that the common purpose of the joint venture had been accomplished and thus no breach occurred. It further found that the oral agreement had not been breached. We conclude that material issues of fact remain and reverse.

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