LEVEY v. LEVENSTEIN

No. 86-3218.

510 So.2d 365 (1987)

Burton R. LEVEY, Appellant, v. Leonard L. LEVENSTEIN, Appellee.

District Court of Appeal of Florida, Third District.

July 28, 1987.


Attorney(s) appearing for the Case

Dubbin, Berkman, Garber, Bloom & Moriber and Scott Rubin, Miami, for appellant.

Haddad, Josephs & Jack and Denise V. Powers and Michael Josephs, Coral Gables, for appellee.

Before HENDRY, NESBITT and BASKIN, JJ.


PER CURIAM.

We affirm the trial court's order granting Levenstein summary judgment on the issue of liability. We reverse the trial court's order, however, to the extent that it grants Levenstein specific performance of the novation. As Levenstein readily concedes on appeal, his second amended complaint sought damages relief exclusively and his motion for summary judgment was directed solely at the issue of liability. Consequently the trial court erred in granting...

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