RALSTON PURINA COMPANY, APPELLANT,
v.
LINDA WEBB, EXECUTRIX OF THE ESTATE OF WILMONT CLYDE WEBB, APPELLEE

Fla. 1st DCA | 1975-04-15
No. W-123
BOYER, Acting C. J., and MILLS, J., concur., McCORD, J., dissents.
310 So. 2d 748 Florida District Court of Appeal, First District (1975) Positive Treatment
Cited by 8 cases
Opinion of the Court
PER CURIAM.

PER CURIAM.

This appeal questions the correctness of a summary judgment rendered in favor of appellee.

A careful examination of the record on appeal conclusively establishes the absence of any genuine triable issue of a material fact and that appellee was entitled to judgment as a matter of law. Accordingly, the judgment appealed is

Affirmed.

BOYER, Acting C. J., and MILLS, J., concur. McCORD, J., dissents.

Dissent
McCORD

McCORD

(dissenting).

On Motion for Summary Judgment, all reasonable inferences must be considered in a light most favorable to the party moved against. In my view, there are material issues of fact on the question of whether or not Lester A. Bell, Jr., son-in-law of W. C. Webb and also a salesman for appellant, was acting as Webb’s authorized agent when he incurred the debt here sued upon in Webb’s name. Such precludes the grant of summary judgment and I, therefore, dissent.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Lenson Hargrave v. State, 366 So. 2d 1 (Fla. 1978)
    …(Fla. 1st DCA 1974); Mitchum v. State, 292 So. 2d 620 (Fla. 1st DCA 1974); Still v. State, 296 So. 2d 67 (Fla. 1st DCA 1974); Nordone v. State, 307 So. 2d 907 (Fla. 3rd DCA 1975); Lopes v. State, 309 So. 2d 591 (Fla. 2nd DCA 1975); Buckles v. State, 310 So. 2d 748 (Fla. 1st DCA 1975); Grubbs v. State, 311 So. 2d 411 (Fla. 2nd DCA 1975); Davenport v. State, 317 So. 2d 851 (Fla. 1st DCA 1975); Beverly v. State, 330 So. 2d 527 (Fla. 1st DCA 1976). The record shows that appellant had no prior felony convictions.…
  • DeOCA v. State, 326 So. 2d 453 (Fla. 4th DCA 1976)
    …endant found guilty of a first felony offense until a pre-sentence investigation and recommendation has been received and considered by the sentencing judge. Davenport v. State, Fla.App.1st, 1975, 317 So. 2d 851; Buckles v. State, Fla.App.1st, 1975, 310 So. 2d 748. Since the error was a defect in sentencing the judgment is affirmed, the sentence vacated and the cause is remanded with directions to conduct a pre-sen-tence investigation pursuant to Rule 3.710 followed by further proceedings consistent herewith.…
  • Buckels v. State, 325 So. 2d 8 (Fla. 1975)
    …Certiorari denied. 310 So. 2d 748. ADKINS, C. J., and ROBERTS, BOYD, OVERTON and ENGLAND, JJ., concur.…

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