Lubliner v. Gabrilowitz

District Court of Appeal of Florida

Lubliner v. Gabrilowitz

393 So. 2d 46, 1981 Fla. App. LEXIS 19413

CourtDistrict Court of Appeal of Florida

DecidedJanuary 27, 1981

DocketNo. 80-1874

StatusPublished

Cited by2 cases

This text of 393 So. 2d 46 (Lubliner v. Gabrilowitz) 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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Lubliner v. Gabrilowitz, 393 So. 2d 46, 1981 Fla. App. LEXIS 19413 (Fla. Ct. App. 1981).

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Opinion

PER CURIAM.

Based on the plaintiff’s confession of error filed in this cause, as well as our own independent review of the record herein, we conclude that the summary judgment on liability entered in favor of the plaintiff below must be reversed. The defendant’s [47]*47affidavit filed in opposition to the plaintiff’s motion for summary judgment raises, in our view, a genuine issue of material fact as to whether the plaintiff stopped his vehicle so suddenly and without notice that the defendant as the operator of the following vehicle was not reasonably able to avoid the ensuing rear end collision. See Revellino v. Avis Rent-A-Car System, Inc., 229 So.2d 896 (Fla. 3d DCA 1970); Pagan v. Holman, 195 So.2d 606 (Fla. 4th DCA 1967). The summary judgment under review, accordingly, is reversed and the cause is remanded to the trial court for further proceedings.

Reversed and remanded.

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PER CURIAM.

Based on the plaintiff’s confession of error filed in this cause, as well as our own independent review of the record herein, we conclude that the summary judgment on liability entered in favor of the plaintiff below must be reversed. The defendant’s [47]*47affidavit filed in opposition to the plaintiff’s motion for summary judgment raises, in our view, a genuine issue of material fact as to whether the plaintiff stopped his vehicle so suddenly and without notice that the defendant as the operator of the following vehicle was not reasonably able to avoid the ensuing rear end collision. See Revellino v. Avis Rent-A-Car System, Inc., 229 So.2d 896 (Fla. 3d DCA 1970); Pagan v. Holman, 195 So.2d 606 (Fla. 4th DCA 1967). The summary judgment under review, accordingly, is reversed and the cause is remanded to the trial court for further proceedings.

Reversed and remanded.

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393 So. 2d 46, 1981 Fla. App. LEXIS 19413, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lubliner-v-gabrilowitz-fladistctapp-1981.

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