ROBERT E. JONES, APPELLANT,
v.
SEABOARD COAST LINE RAILROAD COMPANY, APPELLEE

Fla. 2d DCA | 1976-02-25
No. 74-1362
McNULTY, C. J., and BOARDMAN and SCHEB, JJ., concur.
327 So. 2d 250 Florida District Court of Appeal, Second District (1976) Positive Treatment
Cited by 1 case

Opinion of the Court
PER CURIAM.

PER CURIAM.

This case at first gave us pause. We now conclude after careful consideration the trial judge was eminently correct in directing a verdict in favor of appellee Seaboard Coast Line Railroad Company.

Affirmed.

McNULTY, C. J., and BOARDMAN and SCHEB, JJ., concur.


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  • …create an issue of material fact as to the existence of malice which could defeat the qualified privilege of a rival claimant to the property. This factual dispute cannot be resolved on summary judgment. Crabtree v. Rogers, supra; Bruce v. Turnbull, 327 So. 2d 250 (Fla. 4th DCA 1976). See also Annot., 129 A.L.R. 179 (1940); Annot., 30 A.L.R.2d 840 (1955). We, therefore, reverse the partial summary judgment on the issue of liability. GLICKSTEIN, HURLEY and DELL, JJ., concur.…

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