GERTRUDE LUCILLE BRUNER, APPELLANT,
v.
MERLE BAILEY, JUNE RAE BAILEY, CALDER-ESCHARTE, INC., AND CORAL GARDENS CONDOMINIUM ASSOC., INC., APPELLEES

Fla. 4th DCA | 1978-10-11
No. 77-230
CROSS and ANSTEAD, JJ., concur., DAUKSCH, J., dissents with opinion.
363 So. 2d 166 Florida District Court of Appeal, Fourth District (1978) Positive Treatment
Cited by 6 cases
Opinion of the Court
PER CURIAM.

PER CURIAM.

Upon consideration of the record and briefs of counsel for the respective parties, we determine the only error having been made to appear was in the trial court’s entering summary final judgment on count two (negligence) of the complaint, as genuine issues of material facts exist. Accordingly, summary final judgment as to count two is reversed. In all other respects, the order is affirmed.

Affirmed in part, reversed in part, and remanded.

CROSS and ANSTEAD, JJ., concur. DAUKSCH, J., dissents with opinion.

Dissent
DAUKSCH, Judge,

DAUKSCH, Judge,

dissenting:

I respectfully dissent. Count two of the complaint attempts to allege a negligent act or acts on the part of the corporate appel-lees which caused injury to the appellant. In my opinion that count fails to state a cause of action upon which damages could be awarded properly. I should affirm the trial court in all respects.

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