Vila v. B. F. Goodrich Co.

District Court of Appeal of Florida

Vila v. B. F. Goodrich Co.

383 So. 2d 766, 1980 Fla. App. LEXIS 16715

CourtDistrict Court of Appeal of Florida

DecidedMay 20, 1980

DocketNos. 78-2307, 78-2308

StatusPublished

Cited by3 cases

This text of 383 So. 2d 766 (Vila v. B. F. Goodrich 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.

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Vila v. B. F. Goodrich Co., 383 So. 2d 766, 1980 Fla. App. LEXIS 16715 (Fla. Ct. App. 1980).

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Opinion

SCHWARTZ, Judge.

The summary final judgment entered below in favor of the defendants, B. F. Goodrich Co. and Norton Tire Co., which is on appeal in case no. 78-2307, is reversed. Not only did the movants fail affirmatively and conclusively to establish the absence of liability as a matter of law, but the expert affidavit submitted in opposition to the motion demonstrated the existence of unresolved issues of material fact. Holl v. Talcott, 191 so.2d 40 (Fla.1966); see Wills v. Sears, Roebuck & Co., 351 So.2d 29 (Fla.1977); Visingardi v. Tirone, 193 So.2d 601 (Fla.1966).

In case no. 78-2308, the plaintiffs seek review of a “partial final summary judgment” in favor of a co-defendant, Ford Motor Company. The order in question granted summary relief only as to the claims of strict liability and breach of implied and express warranty, which constituted some, but not all, of the theories of liability asserted against Ford; the court specifically reserved ruling on- the negligence count. Since all the counts were based on the same factual circumstances, those disposed of are not separable and distinct from the one which remains. Hence, the order in question is not appeala-ble and case no. 78-2308 is dismissed. McClain Construction Corp. v. Roberts, 351 So.2d 399 (Fla. 2d DCA 1977); Venezia A., Inc. v. Askew, 314 So.2d 254 (Fla. 1st DCA 1975), cert. denied, 333 So.2d 465 (Fla.1976); see Mendez v. West Flagler Family Association, Inc., 303 So.2d 1 (Fla.1974).¹

Reversed and remanded; appeal dismissed.

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SCHWARTZ, Judge.

The summary final judgment entered below in favor of the defendants, B. F. Goodrich Co. and Norton Tire Co., which is on appeal in case no. 78-2307, is reversed. Not only did the movants fail affirmatively and conclusively to establish the absence of liability as a matter of law, but the expert affidavit submitted in opposition to the motion demonstrated the existence of unresolved issues of material fact. Holl v. Talcott, 191 so.2d 40 (Fla.1966); see Wills v. Sears, Roebuck & Co., 351 So.2d 29 (Fla.1977); Visingardi v. Tirone, 193 So.2d 601 (Fla.1966).

In case no. 78-2308, the plaintiffs seek review of a “partial final summary judgment” in favor of a co-defendant, Ford Motor Company. The order in question granted summary relief only as to the claims of strict liability and breach of implied and express warranty, which constituted some, but not all, of the theories of liability asserted against Ford; the court specifically reserved ruling on- the negligence count. Since all the counts were based on the same factual circumstances, those disposed of are not separable and distinct from the one which remains. Hence, the order in question is not appeala-ble and case no. 78-2308 is dismissed. McClain Construction Corp. v. Roberts, 351 So.2d 399 (Fla. 2d DCA 1977); Venezia A., Inc. v. Askew, 314 So.2d 254 (Fla. 1st DCA 1975), cert. denied, 333 So.2d 465 (Fla.1976); see Mendez v. West Flagler Family Association, Inc., 303 So.2d 1 (Fla.1974).¹

Reversed and remanded; appeal dismissed.

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383 So. 2d 766, 1980 Fla. App. LEXIS 16715, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vila-v-b-f-goodrich-co-fladistctapp-1980.

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