Quinones v. Sears, Roebuck & Co.
This text of 371 So. 2d 1103 (Quinones v. Sears, Roebuck & Co.) 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.
Opinion
The summary final judgment entered in favor of the defendant Sears, Roebuck & Company in this negligence action is reversed and the cause remanded for further proceedings. On this record we cannot say that the defendant’s proof adduced in support of its motion for summary judgment [1104]*1104was sufficient as a matter of law to negate the plaintiff’s cause of action for negligence against the defendant as set forth in the complaint. As such, a summary judgment at this stage of the proceedings was improper. Wills v. Sears, Roebuck & Co., 351 So.2d 29 (Fla.1977); Holl v. Talcott, 191 So.2d 40 (Fla.1966). See Burdine’s Inc. v. McConnell, 146 Fla. 512, 1 So.2d 462 (1941).
Reversed and remanded.
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Cite This Page — Counsel Stack
371 So. 2d 1103, 1979 Fla. App. LEXIS 15304, Counsel Stack Legal Research, https://law.counselstack.com/opinion/quinones-v-sears-roebuck-co-fladistctapp-1979.