Flinn v. Shields (517 So. 2d 49, 1987)

PER CURIAM.

Plaintiff appeals a summary judgment entered in favor of the defendants in an action charging fraud and conspiracy. The record on appeal discloses that there are genuine issues of material fact which have not been eliminated by the movants for summary judgment. See Nessim v. DeLoache, 384 So.2d 1341 (Fla. 3d DCA 1980).

Reversed and remanded for further proceedings.

HENDRY and FERGUSON, JJ., concur.

SCHWARTZ, Chief Judge

(dissenting).

Assuming the very doubtful proposition that the plaintiff had stated any cognizable claim for relief, I think it clear that its factual non-existence was established beyond genuine issue and as a matter of law. I would affirm.