THOMAS PEREGO ET AL., APPELLANTS,
v.
JOHN SPENCER ROBINSON AND ROBERT L. HANNAH, APPELLEES
THOMAS PEREGO ET AL., APPELLANTS,
JOHN SPENCER ROBINSON AND ROBERT L. HANNAH, APPELLEES
344 So. 2d 316
Florida District Court of Appeal, First District (1977)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
It is axiomatic that by summary judgment a trial court may not resolve issues of material fact and that summary judgment may not be used as a substitute for trial. The rules applicable to entry of summary judgment have been repeatedly recited in prior opinions of this court and nothing will be added to the jurisprudence of the State of Florida by repetition. (See Connell v. Sledge, 306 So. 2d 194 (Fla. 1st DCA 1975), cert. dism. 336 So. 2d 105 (Fla.1976); Forrest v. Carter, 308 So. 2d 141 (Fla. 1st DCA 1975) and Burlingham v. Allen, 317 So. 2d 781 (Fla. 1st DCA 1975).
REVERSED.
BOYER, C. J., and McCORD, J., concur. RAWLS, J., dissents.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Hannah v. Perego, 381 So. 2d 1085 (Fla. 1st DCA 1979)…ry judgment of the trial, court. Perego appealed therefrom and this court reversed on the ground that there existed justiciable issues of fact in the record which could not be resolved on a motion for summary judgment. Perego v. Robinson and Hannah, 344 So. 2d 316 (Fla. 1st D.C.A. 1977). In the meantime Hannah and Robinson were in possession of the funeral home as a result of having purchased the same at foreclosure sale on November 24th, 1975. Hannah operated the funeral home during the time that this cause…
Authorities Cited
- Grady Scott Connell v. Sledge, 306 So. 2d 194 (Fla. 1st DCA 1975)
- Forrest v. Carter, 308 So. 2d 141 (Fla. 1st DCA 1975)
- Burlingham v. Allen, 317 So. 2d 781 (Fla. 1st DCA 1975)