
    Robert J. LEE, Appellant, v. James LEE, Orie Lee, Louise Lee, Laura Hill and Harris Hill, Appellees.
    No. 81-825.
    District Court of Appeal of Florida, Fifth District.
    Feb. 17, 1982.
    Joseph E. Foster of Akerman, Senterfitt & Eidson, Orlando, for appellant.
    Frank M. Townsend of Townsend & Townsend, Kissimmee, for appellee James Lee.
    No appearance for appellees, Orie Lee, Louise Lee, Laura Hill and Harris Hill.
   PER CURIAM.

AFFIRMED.

FRANK D. UPCHURCH, Jr. and COWART, JJ., concur.

DAUKSCH, C. J.,

dissents with opinion.

I respectfully dissent.

In my opinion there is a genuine issue of fact as to whether James Lee knew, or under the circumstances should have known, that the property in question was partnership property. As the law requires, I have resolved all doubts and inferences in favor of the non-movant and am left convinced this case should not have been decided by summary judgment. I would reverse the summary judgment and have the case returned for trial. In that event, all the facts could be brought before a jury to determine the matter after resolving the conflicts in the evidence.  