BUFFALO INDUSTRIAL BANK, APPELLANT,

v.

SIDNEY ROSE AND MRS. ROWENA ROSE, JOINTLY AND SEVERALLY, APPELLEES

Citator

Cited By

• Cash v. Harriette A. Gates and Harley D. Gates, 151 So. 2d 838 (Fla. 2d DCA 1963)
  …ng the speed limit. The establishment of this inference then would be prima facie evidence of reckless driving. The court then went on to reverse the entry of a summary judgment for the defendant on the authority of Vihon v. McCormick, Fla.App.1958, 109 So. 2d 400. It is noted, however, that the Vihon case, supra, does not stand for the proposition that failure to decrease speed, under an applicable ordinance, when approaching or crossing an intersection, is prima facie evidence of negligence. Rather, the co…
• Town OF Mount Dora v. Bryant, 128 So. 2d 4 (Fla. 2d DCA 1961)
  …le of conflicting factual inferences neither of which should be prejudged [*6] unreasonable as a matter of law. In such case the evidence should be submitted to the jury under proper instructions as to the law. See Vihon v. McCormick, Fla.App. 1958, 109 So. 2d 400. It has been held repeatedly that the issue of neglig'ence vel non is not properly determinable on motion for summary judgment where the record suggests factual conflict or presents a situation on which a jury might properly draw conflicting infere…
• Millard B. Conklin v. Boyd, 189 So. 2d 401 (Fla. 1st DCA 1966)
  …ons for several days.1 Tlierefore, even though these facts are not contradicted, they present a triable issue as to whether or not this alleged abandonment was the proximate cause of the demise of the deceased. See: Vihon v. McCormick, Fla.App.1958, 109 So. 2d 400; Smith v. City Products Corp., Fla.App.1962, 147 So. 2d 590; and also Town of Mount Dora v. Bryant, Fla.App.1961, 128 So. 2d 4, wherein the following is found: •\‘ * * * * * “ * * * It js wcu-tíhy of constant judicial observance that even where th…

Authorities Cited

• Voges v. Ward, 98 Fla. 304 (Fla. 1929)
• Helton and Helton v. Sinclair, 113 So. 568 (Fla. 1927)