Bryant v. Robert S. Fisher, Inc.

District Court of Appeal of Florida

Bryant v. Robert S. Fisher, Inc.

599 So. 2d 285, 1992 Fla. App. LEXIS 6645, 1992 WL 123432

CourtDistrict Court of Appeal of Florida

DecidedJune 9, 1992

DocketNo. 92-336

StatusPublished

This text of 599 So. 2d 285 (Bryant v. Robert S. Fisher, 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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Bryant v. Robert S. Fisher, Inc., 599 So. 2d 285, 1992 Fla. App. LEXIS 6645, 1992 WL 123432 (Fla. Ct. App. 1992).

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Opinion

PER CURIAM.

Appellants/plaintiffs appeal from a final judgment entered following the grant of appellee/defendant’s motion for summary judgment. We reverse.

The trial court erred in basing its summary judgment ruling on the defendant’s “uncontroverted expert testimony.” The plaintiffs in this case presented evidence which directly conflicted with the expert testimony, thereby showing that a genuine issue of material fact existed. Summary judgment was therefore improper. See Thrasher v. Koehring Co., 543 So.2d 754 (Fla. 3d DCA 1988).

Reversed.

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PER CURIAM.

Appellants/plaintiffs appeal from a final judgment entered following the grant of appellee/defendant’s motion for summary judgment. We reverse.

The trial court erred in basing its summary judgment ruling on the defendant’s “uncontroverted expert testimony.” The plaintiffs in this case presented evidence which directly conflicted with the expert testimony, thereby showing that a genuine issue of material fact existed. Summary judgment was therefore improper. See Thrasher v. Koehring Co., 543 So.2d 754 (Fla. 3d DCA 1988).

Reversed.

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599 So. 2d 285, 1992 Fla. App. LEXIS 6645, 1992 WL 123432, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bryant-v-robert-s-fisher-inc-fladistctapp-1992.

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