WILLIE LEE MOORE AND MARY MOORE, HIS WIFE, APPELLANTS,
v.
R. HUSTON BABCOCK AND EMPLOYERS COMMERCIAL UNION INSURANCE COMPANY, APPELLEES

Fla. 2d DCA | 1974-03-06
No. 72-1062
MANN, C. J., and McNULTY, J., concur.
291 So. 2d 246 Florida District Court of Appeal, Second District (1974) Positive Treatment
Cited by 2 cases

Opinion of the Court
HOBSON, Judge.

HOBSON, Judge.

This cause is a companion with Moore v. School Board of Pinellas County et al., 291 So. 2d 244.

Appellants appeal a summary final judgment entered in favor of appellees. We have examined the record on appeal and find that the appellees have satisfied the requirements of Holl v. Talcott, Fla.1966, 191 So. 2d 40, as to their entitlement to a summary judgment in this malpractice action. We are mindful of the factors dictating caution in the use of summary judgments, particularly prevailing in this type of negligence action; however, from this record we find that all requirements under Holl, supra, have been met.

Therefore, the summary judgment is

Affirmed.

MANN, C. J., and McNULTY, J., concur.


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  • NEW England Mut. Life Ins. Co. v. Cook, 298 So. 2d 417 (Fla. 1974)
    …Certiorari denied. 291 So. 2d 246. ADKINS, C. J., and ROBERTS, ERVIN and OVERTON, JJ., concur. DEKLE, J., dissents.…

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