MILDRED BUTLER, APPELLANT,
v.
METROPOLITAN DADE COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, AND FRED GRANT, APPELLEES
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The court affirmed summary judgment for the county and bus driver in a personal injury action arising from a sudden bus stop, finding material portions of the record were omitted from the appeal record.
Summary judgment for the defendants was proper where material portions of the record relied upon by the trial judge were omitted from the appeal record.
On January 19, 1972, plaintiff Mildred Butler was a passenger on an M.T.A. bus that made a sudden stop when a green automobile cut in front of it, cau…
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PER CURIAM.
Plaintiff-appellant appeals on adverse final summary judgment entered in favor of defendant-appellees Dade County and Fred Grant in this action to recover for personal injuries.
On January 19, 1972 plaintiff, Mildred Butler, was a passenger on an M.T.A. bus which was forced to make a sudden stop when a green automobile cut in front of it. As a result thereof, plaintiff was hurled out of her seat and sustained personal injuries thereby. Plaintiff filed the instant suit to recover damages for her injuries against Dade County, Fred Grant, who was the driver of the bus, and Boleslaw Jan Grantsch and Isidore Roffer, both or one of whom allegedly operated their motor vehicles negligently. Defendants Dade County and Fred Grant moved for summary judgment. After a full hearing thereon, the trial judge granted summary judgment in favor of Dade County and Grant. This appeal followed.
After an examination of the record on appeal, we find that there are material portions omitted therefrom upon which the trial judge relied in his determination to grant defendants' motion for summary judgment. Accordingly, the judgment herein appealed must be and hereby is affirmed. See, e. g., Althouse v. State Farm Fire & Casualty Company, Fla.App.1966, 183 So. 2d 859.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
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Forte v. Tripp & Skrip, 339 So. 2d 698 (Fla. 3d DCA 1976)…excess of one year from completing the project and, thereupon, filed this action. The appellees contend that there can be no reversal in this case because the entire record was not brought into this court, citing Butler v. Metropolitan Dade County, 298 So. 2d 552 (Fla. 3rd DCA 1974); Fernandez v. Arocha, 308 So. 2d 45 (Fla. 3rd DCA 1975). We agree that normally a summary judgment will not be reversed when the entire record is not brought before the appellate court. However, in this case, the appellants did b…
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Morgan v. Pake, 611 So. 2d 1315 (Fla. 1st DCA 1993)…include in the record on appeal all depositions which were before the trial court when it decided the motions for summary judgment, we are unable to say that the trial court committed reversible error. See, e.g., Butler v. Metropolitan Dade County, 298 So. 2d 552 (Fla. 3d DCA1974); Edwards v. Trulis, 212 So. 2d 893 (Fla. 1st DCA1968). Therefore, we are constrained to affirm. AFFIRMED. SMITH, ALLEN and WEBSTER, JJ., concur.…
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Martinez v. Coca-Cola Bottling Co. OF Miami, 338 So. 2d 31 (Fla. 3d DCA 1976)…PER CURIAM. Affirmed on the authority of Althouse v. State Farm Fire and Casualty Company, Fla.App.1966, 183 So. 2d 859; Butler v. Metropolitan Dade County, Fla.App.1974, 298 So. 2d 552.…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Althouse v. State Farm Fire & Cas. Co., 183 So. 2d 859 (Fla. 2d DCA 1966)