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Hudson v. Fatolitis

District Court of Appeal of Florida, Second District
Feb 21, 1974
289 So. 2d 41 (Fla. Dist. Ct. App. 1974)

Opinion

No. 73-135.

January 25, 1974. Rehearing Denied February 21, 1974.

Appeal from the Circuit Court for Pinellas County, Robert L. Williams, J.

Phillips, McFarland, Gould Korones, Clearwater, for appellant.

Harold S. Wilson, Clearwater, for appellee.


Neither Miller v. West Palm Beach Atlantic National Bank, 1940, 142 Fla. 22, 194 So. 230, nor Weeks v. Weeks, 1940, 143 Fla. 686, 197 So. 393, is dispositive of the present case on motion for summary judgment. We hold the summary judgment, in which the trial judge found that Brenda Hudson had power to convey title to certain personal property at the time she did so, to have been prematurely entered. There remains a genuine question of fact whether the property settlement by which Hudson transferred this property to his wife on August 24, 1971 was abrogated by the later reconciliation or otherwise by later agreement, a claim made by the wife herself in an affidavit.

Reversed and remanded.

HOBSON and McNULTY, JJ., concur.


Summaries of

Hudson v. Fatolitis

District Court of Appeal of Florida, Second District
Feb 21, 1974
289 So. 2d 41 (Fla. Dist. Ct. App. 1974)
Case details for

Hudson v. Fatolitis

Case Details

Full title:HERSHEL HUDSON, APPELLANT, v. JOHN G. FATOLITIS, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Feb 21, 1974

Citations

289 So. 2d 41 (Fla. Dist. Ct. App. 1974)

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