Chereton v. Armstrong Rubber Co.

Supreme Court of Florida

Chereton v. Armstrong Rubber Co.

87 So. 2d 579, 1956 Fla. LEXIS 3734

CourtSupreme Court of Florida

DecidedMay 23, 1956

StatusPublished

Cited by8 cases

This text of 87 So. 2d 579 (Chereton v. Armstrong Rubber Co.) is published on Counsel Stack Legal Research, covering Supreme Court 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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Chereton v. Armstrong Rubber Co., 87 So. 2d 579, 1956 Fla. LEXIS 3734 (Fla. 1956).

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Opinion

PER CURIAM.

The defendant’s answer to plaintiff’s complaint raised an issue of fact that was not met by plaintiff’s affidavit in support of its motion for summary judgment. So, regardless of the insufficiency of defendant’s counter-affidavit, there remained a genuine issue of fact which should have been tried by a jury.

Accordingly, the summary judgment in favor of plaintiff should be and it is hereby reversed under the authority of Williams v. City of Lake City, Fla. 1953, 62 So.2d 732, Wilson v. Bachrach, Fla.1953, 65 So.2d 546, and similar cases.

Reversed and remanded for further proceedings.

DREW, C. J., and THOMAS, ROBERTS arid O’CONNELL, JJ., concur.

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