Rice v. Plee-Zing Food Stores of West Florida, Inc.

District Court of Appeal of Florida

Rice v. Plee-Zing Food Stores of West Florida, Inc.

316 So. 2d 70, 1975 Fla. App. LEXIS 14247

CourtDistrict Court of Appeal of Florida

DecidedAugust 1, 1975

DocketNo. V-492

StatusPublished

Cited by1 cases

This text of 316 So. 2d 70 (Rice v. Plee-Zing Food Stores of West Florida, Inc.) 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.

Bluebook

Rice v. Plee-Zing Food Stores of West Florida, Inc., 316 So. 2d 70, 1975 Fla. App. LEXIS 14247 (Fla. Ct. App. 1975).

Pincite

Opinion

PER CURIAM.

This appeal questions the correctness of a summary judgment rendered in favor of appellee.

The record on appeal fails to conclusively establish that there was no genuine tria-ble issue of a material fact under the issues as made by the complaint and the answer thereto. Under these circumstances, appellee was not entitled to judgment as a matter of law, and the trial court erred in holding to the contrary.

The judgment appealed is reversed and the cause remanded to the trial court for the purpose of receiving evidence on the issues as made by the pleadings, and rendering final judgment thereon.

Reversed and remanded.

BOYER, C. J., and MILLS and Mc-CORD, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI