LEATHERBY INSURANCE COMPANY, APPELLANT,
v.
BARBARA M. MATHERLY, AND EARL W. MATHERLY, HER HUSBAND, APPELLEES
LEATHERBY INSURANCE COMPANY, APPELLANT,
BARBARA M. MATHERLY, AND EARL W. MATHERLY, HER HUSBAND, APPELLEES
334 So. 2d 134
Florida District Court of Appeal, Third District (1976)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
This is an interlocutory appeal by defendant from an order of the circuit court granting partial summary judgment in favor of plaintiffs, appellees, on the issue of liability.
We have carefully reviewed the record on appeal and have found that it discloses that there are issues of material fact which have not been eliminated by movants so as to entitle them to a partial summary.
Summary judgments are proper only where there is no genuine issue of material fact to be tried. Anderson v. Aamco Transmissions of Brevard, Inc., Fla.1972, 265 So. 2d 5; Connell v. Sledge, Fla.App.1975, 306 So. 2d 194.
For the reasons stated partial summary judgment should not have been granted.
Reversed and remanded for further proceedings.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Beggins v. Beall & Assocs. Roofing Corp., 394 So. 2d 527 (Fla. 3d DCA 1981)…igation to provide construction advice. In our view, the pleadings and affidavits filed by the parties raise genuine issues of material fact which remain to be decided. Holl v. Taleott, 191 So. 2d 40 (Fla.1966); Leatherby Insurance Co. v. Matherly, 334 So. 2d 134 (Fla. 3d DCA 1976). These questions include, among others, determinations as to whether Beall installed the roof over an improperly fitted wall section and, if so, whether it was remiss in its obligation. At issue under the contract is the question…
Authorities Cited
- Grady Scott Connell v. Sledge, 306 So. 2d 194 (Fla. 1st DCA 1975)
- Anderson v. Aamco Transmissions OF Brevard, Inc., 265 So. 2d 5 (Fla. 1972)