Fitzsimmons ex rel. Fitzsimmons v. City of Pensacola

District Court of Appeal of Florida

Fitzsimmons ex rel. Fitzsimmons v. City of Pensacola

330 So. 2d 756, 1976 Fla. App. LEXIS 15068

CourtDistrict Court of Appeal of Florida

DecidedFebruary 20, 1976

DocketNo. Y-69

StatusPublished

This text of 330 So. 2d 756 (Fitzsimmons ex rel. Fitzsimmons v. City of Pensacola) 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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Fitzsimmons ex rel. Fitzsimmons v. City of Pensacola, 330 So. 2d 756, 1976 Fla. App. LEXIS 15068 (Fla. Ct. App. 1976).

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Opinion

LEE, THOMAS E., Associate Judge.

This cause is before this court on the sole issue of the propriety of the trial court entering a summary judgment in favor of the defendant on the ground there was no genuine issue as to any duty on the part of the defendant to maintain in a safe condition the dock or wharf upon which the minor plaintiff was injured. It is our opinion that the court erred in granting summary judgment.

The pleadings, depositions and oral argument presented to this court have been considered in toto. Norman v. Bank of Hawthorne, Fla.App., 321 So.2d 112, “A trial court, in ruling on a motion for summary judgment, may not resolve controverted issues of fact. The principles of law applicable to summary judgment have been heretofore thoroughly discussed by this Court (Connell v. Sledge, Fla.App. 1st, 1975, 306 So.2d 194, Forrest v. Carter, Fla.App. 1st, 1975, 308 So.2d 141 and Burlingham v. Allen, Fla.App. 1st, 1975, 317 So.2d 781, opinion filed August 13, 1975) and nothing will be added to the jurispru[757]*757dence of this State by again reciting those principles here.” See, also, Campbell v. Anheuser-Busch, Inc. and Nexbitt, Fla.App., 265 So.2d 557.

For the reasons stated, the summary judgment appealed is reversed and remanded for further proceedings.

BOYER, C. J., and HATCHETT, JOSEPH W., Associate Judge, concur.

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LEE, THOMAS E., Associate Judge.

This cause is before this court on the sole issue of the propriety of the trial court entering a summary judgment in favor of the defendant on the ground there was no genuine issue as to any duty on the part of the defendant to maintain in a safe condition the dock or wharf upon which the minor plaintiff was injured. It is our opinion that the court erred in granting summary judgment.

The pleadings, depositions and oral argument presented to this court have been considered in toto. Norman v. Bank of Hawthorne, Fla.App., 321 So.2d 112, “A trial court, in ruling on a motion for summary judgment, may not resolve controverted issues of fact. The principles of law applicable to summary judgment have been heretofore thoroughly discussed by this Court (Connell v. Sledge, Fla.App. 1st, 1975, 306 So.2d 194, Forrest v. Carter, Fla.App. 1st, 1975, 308 So.2d 141 and Burlingham v. Allen, Fla.App. 1st, 1975, 317 So.2d 781, opinion filed August 13, 1975) and nothing will be added to the jurispru[757]*757dence of this State by again reciting those principles here.” See, also, Campbell v. Anheuser-Busch, Inc. and Nexbitt, Fla.App., 265 So.2d 557.

For the reasons stated, the summary judgment appealed is reversed and remanded for further proceedings.

BOYER, C. J., and HATCHETT, JOSEPH W., Associate Judge, concur.

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330 So. 2d 756, 1976 Fla. App. LEXIS 15068, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fitzsimmons-ex-rel-fitzsimmons-v-city-of-pensacola-fladistctapp-1976.

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