CITY OF VERO BEACH, A MUNICIPAL CORPORATION OF THE STATE OF FLORIDA, AND S. G. LYSNE, APPELLANTS,
v.
B. L. HOLMAN, APPELLEE

Fla. 2d DCA | 1961-11-10
No. 2714
SHANNON, C. J., and ALLEN and WHITE, JJ., concur.
134 So. 2d 532 Florida District Court of Appeal, Second District (1961) Positive Treatment
Cited by 11 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

The City of Vero Beach and S. G. Lysne, appellants, appealed from an interlocutory order denying a motion for summary decree. Lysne was the plaintiff below and the City of Vero Beach was a defendant below, as was B. L. Holman, appellee. The City of Vero Beach cross-claimed against B. L. Holman, the defendant-appellee.

The lower court, in its order denying the summary judgment, stated that the summary judgment was on the pleadings alone and that the court would have to take evidence to determine the primary issues in the case.

We have studied the briefs of counsel and the record in this case and find no error in the order appealed.

Affirmed.

SHANNON, C. J., and ALLEN and WHITE, JJ., concur.


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  • Booker v. Udelio Lima and Mary Lima, 182 So. 2d 642 (Fla. 3d DCA 1966)
    …So. 2d 201; LeJeune Road Hospital, Incorporated v. Watson, Fla.App. 1965, 171 So. 2d 202; Busbee v. Quarrier, Fla.App.1965, 172 So. 2d 17. And, if there is any evidence to support same, it should be affirmed. See: Kowalczyk v. Brudder, Fla.App.1961, 134 So. 2d 532; Prince Michael Corp. v. Zucker, Fla.App.1962, 147 So. 2d 332; Miami Shores Village v. Lingler, Fla.App.1963, 157 So. 2d 716. We have examined the record in light of these principles and find sufficient, competent evidence to support the jury’s find…
  • Boulevard Nat'l Bank OF Miami v. Gulf Am. Land Corp., 212 So. 2d 17 (Fla. 3d DCA 1968)
    …herefore, if the record reveals credible testimony which forms a rational basis for the finding of the trial judge, we will not disturb that finding. Cf. Cormier v. Williams, 148 Fla. 201, 4 So. 2d 525 (1941); Kowalczyk v. Brudder, Fla.App.1961, 134 So. 2d 532. Crandell, an officer of Gulf American, testified that at the time of the telephone conversation upon which the appellant relied when it extended credit to McKirahan, Crandell did not tell Kastner, of the bank, that any sums of money were due McKir…
  • Meehan v. Seaboard AIR Line R.R. Co. & James B. Hensley, 210 So. 2d 476 (Fla. 3d DCA 1968)
    …ground that the verdict is against the manifest weight of the evidence was harmful error, an appellate court must affirm the judgment if there is evidence tending to substantiate the reasonableness of the verdict. Kowalczyk v. Brudder, Fla.App.1961, 134 So. 2d 532. The record contains evidence tending to substantiate the reasonableness of the verdict. We therefore affirm. Affirmed.…

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