HENRY LAVADO, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Westchester Fire Ins. Co. v. In-Sink-Erator, 252 So. 2d 856 (Fla. 4th DCA 1971)
  …ntract” is ambiguous, and that the issue of intent of the parties must be resolved as a matter of fact. The existence of a genuine issue as to a material fact bars the granting of a summary judgment. Brown v. Warren Wooten Ford, Inc., Fla.App.1971, 245 So. 2d 268; Leaks v. Adeimy, Fla.App. 1967, 195 So. 2d 47; O’Grady v. Wickman, Fla.App.1968, 213 So. 2d 321; Holl v. Talcott, Fla.1966, 191 So. 2d 40. The above issues were not negated by the pleadings, affidavits, depositions, interrogatories and answers to r…
• Ins. Co. OF N. Am. v. Ours, 266 So. 2d 168 (Fla. 4th DCA 1972)
  …6, 183 So. 2d 274. The existence of a genuine issue as to a material fact bars the granting of a summary judgment. Westchester Fire Insurance Company v. In-Sink-Erator, Fla.App. 1971, 252 So. 2d 856; Brown v. Warren Wooten Ford, Inc., Fla.App.1971, 245 So. 2d 268. In the case sub judice specific fact issues exist as to the Pruitt Agency’s authority, actual or apparent, to enter into an agreement concerning the three-hour check-out time provision with Marty’s which would bind I.N.A., and as to whether in any…
• Springfield Life Ins. Co., Inc. v. Rollin T. Metzler, 261 So. 2d 529 (Fla. 3d DCA 1972)
  …a summary final judgment [Holl v. Talcott, Fla.1966, 191 So. 2d 40; Knight v. American Heritage Life Insurance Company, Fla.App.1970, 237 So. 2d 224; Parkhurst v. Noble, Fla.App.1970, 238 So. 2d 691; Brown v. Warren Wooten Ford, Inc., Fla. App.1971, 245 So. 2d 268], and the matter is returned to the trial court with directions to accord the parties a trial on the issues as made by the pleadings. Reversed and remanded, with directions. . “ * * * unless the insured shall engage in any gainful occupation for w…