Fishman v. Crane

District Court of Appeal of Florida

Fishman v. Crane

340 So. 2d 1274

CourtDistrict Court of Appeal of Florida

DecidedDecember 31, 1976

DocketNo. 76-1509

StatusPublished

This text of 340 So. 2d 1274 (Fishman v. Crane) 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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Fishman v. Crane, 340 So. 2d 1274 (Fla. Ct. App. 1976).

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Opinion

PER CURIAM.

The trial court, relying upon the opinion of the Second District in Foley v. Morris, 325 So.2d 37 (Fla.2d DCA 1976), entered summary final judgment in favor of appel-lees. Thereafter, the Florida Supreme Court reversed the decision of the District Court. Foley v. Morris, 339 So.2d 215 (Fla.1976). The statute of limitations defense which was the basis for the summary judgment below is no longer tenable.

REVERSED and REMANDED with instructions that the summary final judgment be vacated.

MAGER, C. J., and DOWNEY and ALDERMAN, JJ., concur.

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PER CURIAM.

The trial court, relying upon the opinion of the Second District in Foley v. Morris, 325 So.2d 37 (Fla.2d DCA 1976), entered summary final judgment in favor of appel-lees. Thereafter, the Florida Supreme Court reversed the decision of the District Court. Foley v. Morris, 339 So.2d 215 (Fla.1976). The statute of limitations defense which was the basis for the summary judgment below is no longer tenable.

REVERSED and REMANDED with instructions that the summary final judgment be vacated.

MAGER, C. J., and DOWNEY and ALDERMAN, JJ., concur.

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340 So. 2d 1274, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fishman-v-crane-fladistctapp-1976.

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