47th Street Service Station, Inc. v. Campos

District Court of Appeal of Florida

47th Street Service Station, Inc. v. Campos

595 So. 2d 229, 1992 Fla. App. LEXIS 1892, 1992 WL 38152

CourtDistrict Court of Appeal of Florida

DecidedMarch 3, 1992

DocketNo. 91-1723

StatusPublished

Cited by2 cases

This text of 595 So. 2d 229 (47th Street Service Station, Inc. v. Campos) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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47th Street Service Station, Inc. v. Campos, 595 So. 2d 229, 1992 Fla. App. LEXIS 1892, 1992 WL 38152 (Fla. Ct. App. 1992).

Pincite

Opinion

PER CURIAM.

Appellant, 47th Street Service Station, Inc., appeals the dismissal with prejudice of its complaint in an action arising from an automobile rental contract. We reverse and remand.

Appellee, Manny Campos, signed his name to an automobile rental contract where he was neither the renter nor the driver. Appellant asserts that appellee signed his name to the rental contract as a guarantor and was therefore liable for property damage when the vehicle was involved in an accident. Appellee contends that signing his name to the rental contract did not make him liable for the property damage.

[230]*230Material issues of fact exist concerning why appellee signed the rental contract. Where there is room for rational difference of opinion as to the existence of evidentiary facts from which an ultimate factual conclusion is sought to be established, the court should submit the case to the jury. Cashell v. Hart, 143 So.2d 559 (Fla. 2d DCA 1962).

Accordingly, we reverse and remand.

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