JOSEPH DAWSON AND UTICA MUTUAL INSURANCE COMPANY, APPELLANTS,
v.
LINDA SCHEBEN, JOHN H. QUINN, JOHN H. GLENN, HENRI LANDWRITH AND WALLACE SCHOETIELKOTLE, D/B/A HOLIDAY INN OF ALTAMONTE SPRINGS, FLORIDA, AND HOME INSURANCE COMPANY, ETC., APPELLEES
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ALDERMAN, Chief Judge.
These consolidated interlocutory appeals involve two orders of the trial court in a negligence case. Linda Scheben, the plaintiff, alleged that Joseph Dawson injured her by falling on her when he became involved in an altercation with an unidentified man in the lobby of a Holiday Inn. Dawson filed a third party complaint seeking contribution from the Holiday Inn.
One of the orders appealed from granted 'summary judgment to the plaintiff, Sche-ben, on the issue of liability, leaving only the question of damages to be settled by jury trial. The other order granted summary judgment for the third party defendants on Dawson’s claim for contribution. We reverse both orders. The record shows that factual issues exist which preclude summary judgments. City of Orlando v. Ashlock, 342 So. 2d 1002 (Fla. 4th DCA 1977). Additionally, different inferences might be drawn even from some of the undisputed facts. Cincinnati Insurance Co. v. Schneider, 349 So. 2d 728 (Fla. 4th DCA, opinion filed August 23, 1977).
REVERSED and REMANDED.
DOWNEY and LETTS, JJ., concur.
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Gravas v. The MacKle Co., Inc., 444 So. 2d 1159 (Fla. 3d DCA 1984)…was therefore inappropriate. See Hopkins v. Gibson Furniture, Inc., [*1160] 312 So. 2d 499 (Fla. 2d DCA 1975). Genuine issues of fact may arise even on undisputed facts where different inferences may reasonably be drawn therefrom. Dawson v. Scheben, 351 So. 2d 367 (Fla. 4th DCA 1977); Benson v. Atwood, 177 So. 2d 380 (Fla. 1st DCA 1965). Reversed and remanded.…
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LE Mieux v. Miami Dade Cmty. Coll., 448 So. 2d 560 (Fla. 3d DCA 1984)…fact that deserved development in further proceedings. See Holl v. Talcott, 191 So. 2d 40 (Fla.1966); McCoy v. Hoffmeister, 435 So. 2d 989 (Fla. 5th DCA 1983); Moore v. Freeman, 396 So. 2d 276 (Fla. 3d DCA 1981), and cases cited; Dawson v. Scheben, 351 So. 2d 367 (Fla. 4th DCA 1977); Byrnes v. Publix Super Markets, Inc., 272 So. 2d 218 (Fla. 4th DCA 1973). Therefore, the judgment appealed is reversed and the cause is remanded for further proceedings. Reversed and remanded.…
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Bohlen v. Shaw, 445 So. 2d 714 (Fla. 4th DCA 1984)…es of material fact exist which preclude summary judgment. Wills v. Sears, Roebuck & Co., 351 So. 2d 29 (Fla.1977); Holl v. Talcott, 191 So. 2d 40 (Fla.1966). Further, conflicting inferences can be drawn from the undisputed facts. Dawson v. Scheben, 351 So. 2d 367 (Fla. 4th DCA 1977); Foster v. Lee, 226 So. 2d 282 (Fla. 2d DCA 1969). REVERSED and REMANDED. BERANEK, DELL and WALDEN, JJ., concur.…
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- Cincinnati Ins. Co. & Robert Zielke v. Schneider, 349 So. 2d 728 (Fla. 4th DCA 1977)
- City OF Orlando v. Ashlock, 342 So. 2d 1002 (Fla. 4th DCA 1977)