FLORENCE W. BOOTH AND THOMAS S. BOOTH, APPELLANTS,
v.
DARBY BUICK, INC., A DELAWARE CORPORATION, AND FREDERICK ERNEST ANGERS, APPELLEES

Fla. 2d DCA | 1968-07-03
No. 67-506
PIERCE, Acting C. J., and HOBSON, J., concur.
212 So. 2d 322 Florida District Court of Appeal, Second District (1968) Positive Treatment
Cited by 6 cases
Opinion of the Court
MANN, Judge.

MANN, Judge.

The court below entered summary judgment for the defendants in this case involving a collision at an intersection at which the defendant Angers had the right-of-way. Plaintiffs alleged that defendant had the last clear chance to avoid collision. The depositions do not eliminate the dispute on this point. Summary judgment must be reversed on the authority of Todd v. Waters, 201 So.2d 765 (Fla.App.1967), and the cases cited by Judge Pierce in that opinion.

PIERCE, Acting C. J., and HOBSON, J., concur.

Cases With Similar Vibessemantic neighbors from the corpus

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Cited By

  • Olivera v. State, 315 So. 2d 487 (Fla. 2d DCA 1975)
    …uirements for making such a [*489] search cannot be less than that necessary to search with a warrant. For a search warrant to be sufficient, the description must lead the officer unerringly to the subject premises. State v. Lemon, Fla.App.2d, 1968, 212 So. 2d 322. Likewise, the requirements of reliability and particularity of information on which an officer may arrest without a warrant are at least as stringent as those required for an arrest with a warrant. Wong Sun v. United States, 1963, 371 U.S. 471, 83…
  • State v. Gallo, 279 So. 2d 71 (Fla. 2d DCA 1973)
    …warrant of the place to be searched, and which was in fact searched, would have been sufficiently specific without reference to the number on the door. Therefore, the incorrect designation of the number was sur-plusage; State v. Lemon, Fla.App.1968, 212 So. 2d 322; United States v. Contee, D.C.D.C.1959, 170 F.Supp. 26; United States v. Pisano, S.D.N.Y.1961, 191 F.Supp. 861; United States v. Sklaroff, S.D.Fla.1971, 323 F.Supp. 296, 319; see Annotation, 11 A.L.R.3rd 1330; and was of such a minor nature as not t…
  • Nofs v. State, 295 So. 2d 308 (Fla. 2d DCA 1974)
    …description of the place to be searched would have been sufficiently specific without reference to the floor upon which the apartment was located, and therefore, such reference was surplusage and can be disregarded. State v. Lemon, Fla.App.2d 1968, 212 So. 2d 322; State v. Gallo, Fla.App.2d 1973, 279 So. 2d 71; United States v. Contee, D.C.D.C.1959, 170 F.Supp. 26. The evidence showed that the place searched had its main entrance on the second floor of the building, and that it was a single living unit, dir…

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