Banks v. City of Tampa

District Court of Appeal of Florida

Banks v. City of Tampa

112 So. 2d 888, 1959 Fla. App. LEXIS 2969

CourtDistrict Court of Appeal of Florida

DecidedMay 20, 1959

DocketNo. 241

StatusPublished

Cited by1 cases

This text of 112 So. 2d 888 (Banks v. City of Tampa) 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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Banks v. City of Tampa, 112 So. 2d 888, 1959 Fla. App. LEXIS 2969 (Fla. Ct. App. 1959).

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Opinion

PER CURIAM.

The record reveals the existence of a genuine issue as to a material fact, namely, [889]*889whether or not appellant wife saw or should have seen the alleged defect in the sidewalk of the City of Tampa. Accordingly, the summary judgment entered below against the plaintiffs-appellants should be reversed. Rule 1.36(c), Florida Rules of Civil Procedure, 30 F.S.A.; Mullis v. City of Miami, Fla.1952, 60 So.2d 174; Smith v. Poston Bridge & Iron, Inc., Fla.1956, 87 So.2d 581; Delany v. Breeding’s Homestead Drug Co., Fla.1957, 93 So.2d 116; Farrey v. Bettendorf, Fla.1957, 96 So.2d 889; Bess v. 17545 Collins Avenue, Inc., Fla.1957, 98 So.2d 490; Buck v. Hardy, Fla.App. 1958, 106 So.2d 428; Mason v. Renick, Fla.App.1958, 107 So.2d 38.

Reversed.

KANNER, C. J., ALLEN, J., and WALDEN, JAMES H., Associate Judge, concur.

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PER CURIAM.

The record reveals the existence of a genuine issue as to a material fact, namely, [889]*889whether or not appellant wife saw or should have seen the alleged defect in the sidewalk of the City of Tampa. Accordingly, the summary judgment entered below against the plaintiffs-appellants should be reversed. Rule 1.36(c), Florida Rules of Civil Procedure, 30 F.S.A.; Mullis v. City of Miami, Fla.1952, 60 So.2d 174; Smith v. Poston Bridge & Iron, Inc., Fla.1956, 87 So.2d 581; Delany v. Breeding’s Homestead Drug Co., Fla.1957, 93 So.2d 116; Farrey v. Bettendorf, Fla.1957, 96 So.2d 889; Bess v. 17545 Collins Avenue, Inc., Fla.1957, 98 So.2d 490; Buck v. Hardy, Fla.App. 1958, 106 So.2d 428; Mason v. Renick, Fla.App.1958, 107 So.2d 38.

Reversed.

KANNER, C. J., ALLEN, J., and WALDEN, JAMES H., Associate Judge, concur.

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112 So. 2d 888, 1959 Fla. App. LEXIS 2969, Counsel Stack Legal Research, https://law.counselstack.com/opinion/banks-v-city-of-tampa-fladistctapp-1959.

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