ANNA E. LAKE AND EDWIN LAKE, HER HUSBAND, APPELLANTS,
v.
BERNHARDT R. STIEGLER, JR., AND PEOPLES GAS SYSTEM, A FLORIDA CORPORATION, APPELLEES

Fla. 3d DCA | 1963-10-15
No. 63-87
Before BARKDULL, C. J., and HORTON and HENDRY, JJ.
156 So. 2d 785 Florida District Court of Appeal, Third District (1963) Negative Treatment
Cited by 3 cases
Opinion of the Court
PER CURIAM.

PER CURIAM.

The appellant, plaintiff in the trial court, appeals an adverse summary judgment, contending that there was a material issue of fact to be presented to the jury as to whether or not the appellee negligently operated a motor vehicle under his control.

An examination of the record fails to demonstrate that the appellee acted other than as a reasonable person under the emergency circumstances created by the appellant-driver. Therefore, no error has been made to appear in the entry of the summary judgment. See: Harper v. Mangel, Fla.App.1963, 151 So.2d 346.

Affirmed.

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  • Cahill v. Cooney, 182 So. 2d 32 (Fla. 3d DCA 1966)
    …e part of the defendant and, therefore, find the smmary judgment to have been correctly entered by the trial court. See: Griffis v. DuBow, Fla.App. 1959, 114 So. 2d 207; Harper v. Mangel, Fla.App.1963, 151 So. 2d 346; Lake v. Stiegler, Fla.App.1963, 156 So. 2d 785. The appellants also urge error in the failure of the trial court to grant them additional time to locate and depose another investigating officer. The court’s ruling on this motion clearly indicates that same came too late, as the following is fou…
  • PAN Am. Life Ins. Co. v. Botana, 163 So. 2d 767 (Fla. 3d DCA 1964)
    …he view that the opinion and judgment of this court filed on April 10, 1964 (not reported) should be vacated and withdrawn, and the judgment of the circuit court affirmed on the authority of Pan American Life Insurance Company v. Raij, Fla.App.1963, 156 So. 2d 785, and Pan-American Life Insurance Company v. Recio, Fla.App.1963, 154 So. 2d 197. Accordingly, the previous opinion and judgment of this court is hereby vacated and withdrawn, and the judgment of the circuit court appealed from will now stand affirm…
  • PAN Am. Life Ins. Co. v. Raij, 164 So. 2d 204 (Fla. 1964)
    …PER CURIAM. Conflict certiorari is granted. The decision of the District Court of Appeal herein, 156 So. 2d 785, having been found to be in conflict with Confederation Life Ass’n v. Ugalde, 164 So. 2d 1, 3, recently decided by this court, is quashed and the cause remanded for disposition not inconsistent with the views expressed in the Ugalde case, supra. It…

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