Ball v. Struthers Excavating, Inc.

District Court of Appeal of Florida

Ball v. Struthers Excavating, Inc.

533 So. 2d 919, 13 Fla. L. Weekly 2547, 1988 Fla. App. LEXIS 5058, 1988 WL 122456

CourtDistrict Court of Appeal of Florida

DecidedNovember 16, 1988

DocketNo. 88-384

StatusPublished

This text of 533 So. 2d 919 (Ball v. Struthers Excavating, Inc.) 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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Ball v. Struthers Excavating, Inc., 533 So. 2d 919, 13 Fla. L. Weekly 2547, 1988 Fla. App. LEXIS 5058, 1988 WL 122456 (Fla. Ct. App. 1988).

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Opinion

PER CURIAM.

A thorough consideration of the record on appeal, the briefs, and the oral argument convinces us that in this negligence action we must reverse the summary final judgment entered in favor of Struthers Excavating, Inc. The record is rife with factual issues foreclosing the propriety of a summary determination that any negligence by Struthers was excused by an independent, intervening cause of the decedent’s death.

Accordingly, we reverse the summary judgment and remand for further proceedings.

CAMPBELL, C.J., and SCHEB and FRANK, JJ., concur.

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PER CURIAM.

A thorough consideration of the record on appeal, the briefs, and the oral argument convinces us that in this negligence action we must reverse the summary final judgment entered in favor of Struthers Excavating, Inc. The record is rife with factual issues foreclosing the propriety of a summary determination that any negligence by Struthers was excused by an independent, intervening cause of the decedent’s death.

Accordingly, we reverse the summary judgment and remand for further proceedings.

CAMPBELL, C.J., and SCHEB and FRANK, JJ., concur.

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Bluebook (online)

533 So. 2d 919, 13 Fla. L. Weekly 2547, 1988 Fla. App. LEXIS 5058, 1988 WL 122456, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ball-v-struthers-excavating-inc-fladistctapp-1988.