Topercer v. Knox

District Court of Appeal of Florida

Topercer v. Knox

330 So. 2d 520, 1976 Fla. App. LEXIS 15028

CourtDistrict Court of Appeal of Florida

DecidedApril 23, 1976

DocketNo. 75-922

StatusPublished

Cited by1 cases

This text of 330 So. 2d 520 (Topercer v. Knox) 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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Topercer v. Knox, 330 So. 2d 520, 1976 Fla. App. LEXIS 15028 (Fla. Ct. App. 1976).

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Opinion

CROSS, Judge.

This is an appeal of a summary final judgment entered in favor of appellees, W. A. Knox, W. A. Knox, Jr., and S. Stetson [521]*521Fleming III, as Trustees and Directors of a dissolved Florida corporation, Spring Valley Farms, Inc., and against appellant, John C. Topercer, in an action seeking damages for negligent maintenance of a roadway shoulder.

The pleadings and depositions reveal that there are genuine issues of material fact precluding summary judgment; specifically, whether appellees were negligent in their maintenance of the roadway shoulder causing appellant damages and whether there existed any negligence attributable to the appellant which contributed to appellant’s damages. Since fact issues exist, summary judgment was prematurely entered and we, therefore, reverse and remand for further proceedings consistent with the views herein expressed. Rule 1.-510(c), Fla.RCP (1973); Leaks v. Adeinvy, 195 So.2d 47 (Fla.App. 1967).

Reversed and remanded for further proceedings.

MAGER, J., and PARHAM, HARRY C., Associate Judge, concur.

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CROSS, Judge.

This is an appeal of a summary final judgment entered in favor of appellees, W. A. Knox, W. A. Knox, Jr., and S. Stetson [521]*521Fleming III, as Trustees and Directors of a dissolved Florida corporation, Spring Valley Farms, Inc., and against appellant, John C. Topercer, in an action seeking damages for negligent maintenance of a roadway shoulder.

The pleadings and depositions reveal that there are genuine issues of material fact precluding summary judgment; specifically, whether appellees were negligent in their maintenance of the roadway shoulder causing appellant damages and whether there existed any negligence attributable to the appellant which contributed to appellant’s damages. Since fact issues exist, summary judgment was prematurely entered and we, therefore, reverse and remand for further proceedings consistent with the views herein expressed. Rule 1.-510(c), Fla.RCP (1973); Leaks v. Adeinvy, 195 So.2d 47 (Fla.App. 1967).

Reversed and remanded for further proceedings.

MAGER, J., and PARHAM, HARRY C., Associate Judge, concur.

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330 So. 2d 520, 1976 Fla. App. LEXIS 15028, Counsel Stack Legal Research, https://law.counselstack.com/opinion/topercer-v-knox-fladistctapp-1976.

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