WILLIAM KENNETH ALLEN AND MARY L. MCCARY, APPELLANTS,
v.
COY A. LAMBERT, APPELLEE

Fla. 1st DCA | 1967-10-26
No. 1-335
WIGGINTON, C. J. and JOHNSON and SPECTOR, JJ., concur.
203 So. 2d 361 Florida District Court of Appeal, First District (1967) Positive Treatment
Cited by 6 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Defendants seek reversal of a final judgment entered pursuant to a jury verdict for the plaintiff in an automobile collision case.

Our examination of the record and consideration of the briefs and oral arguments submitted by the parties indicate that no reversible error was committed in arriving at the judgment appealed.

Affirmed.

WIGGINTON, C. J. and JOHNSON and SPECTOR, JJ., concur.


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  • …ce in favor of a movant and would violate the rule to which we are committed that all inferences of fact from the proofs must be drawn in favor of the party opposing the motion. Jack Drury & Associates, Inc. v. City of Fort Lauderdale, Fla.App.1967, 203 So. 2d 361; Lab v. Hall, Fla.App.1967, 200 So. 2d 556. Furthermore, although Tyner’s allegations of resale of the fruit to a third party are inconsistent with the commissioner’s finding that plaintiff was forced to sell the fruit in order to salvage it, the r…
  • Liberty Mut. Ins. Co. v. Stuckey, 220 So. 2d 421 (Fla. 4th DCA 1969)
    …summary judgment has the burden of showing the absence of a genuine issue of fact. All inferences of fact must be drawn from the proof in favor of the party opposing the motion. Jack Drury & Associates, Inc. v. City of Fort Lauderdale, Fla.App.1967, 203 So. 2d 361; Lab v. Hall, Fla.App.1967, 200 So. 2d 556. 2. The court, in ruling on a motion for summary judgment, is not to determine the issue of fact but to determine whether there is a genuine issue of any material fact. Jack Drury & Associates, Inc. v. Cit…
  • Durkin v. Morgan, 227 So. 2d 231 (Fla. 4th DCA 1969)
    …dure is not a trial by affidavits, Weinstein v. General Accident Fire and Life Assurance Company, Limited, Fla.App.1962, 141 So. 2d 318. The judgment is reversed by authority of Jack Drury & Associates, Inc. v. City of Fort Lauderdale, Fla.App.1967, 203 So. 2d 361, and remanded for further proceedings consistent herewith. Reversed. REED and OWEN, JJ., concur.…

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