Rusk ex rel. Rusk v. McDurham

District Court of Appeal of Florida

Rusk ex rel. Rusk v. McDurham

374 So. 2d 1119, 1979 Fla. App. LEXIS 15753

District Court of Appeal of Florida·Decided September 7, 1979·No. No. NN-94·Published

Opinion

PER CURIAM.

Upon consideration of the brief, record, and oral argument of the parties in this cause, we find there is a genuine issue as to the material facts. The granting of the summary judgment was error. Manucy v. Manucy, 362 So.2d 478 (Fla. 1st DCA 1978); Wills v. Sears, Roebuck and Company, 351 So.2d 29 (Fla.1977). The order below is reversed and the cause remanded for a trial on the issues.

ERVIN, Acting C. J., and LARRY G. SMITH, J., concur. BOOTH, J., dissents.

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PER CURIAM.

Upon consideration of the brief, record, and oral argument of the parties in this cause, we find there is a genuine issue as to the material facts. The granting of the summary judgment was error. Manucy v. Manucy, 362 So.2d 478 (Fla. 1st DCA 1978); Wills v. Sears, Roebuck and Company, 351 So.2d 29 (Fla.1977). The order below is reversed and the cause remanded for a trial on the issues.

ERVIN, Acting C. J., and LARRY G. SMITH, J., concur. BOOTH, J., dissents.

Rusk ex rel. Rusk v. McDurham, 374 So. 2d 1119, 1979 Fla. App. LEXIS 15753 (Fla. Ct. App. 1979).

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