Celin v. Sears, Roebuck Co.

Full title: PEDRO A. CELIN AND MARTA MALLOL DE CELIN, HIS WIFE, APPELLANTS, v. SEARS…

Court: District Court of Appeal of Florida, Third District

Date published: Mar 25, 1980

380 So. 2d 1072 (Fla. Dist. Ct. App. 1980)

Opinion

No. 79-1040.

February 12, 1980. Rehearing Denied March 25, 1980.

Appeal from Circuit Court, Dade County; Francis X. Knuck, Judge.

Wolfson Diamond and Richard A. Grossman, Miami Beach, for appellants.

Helliwell, Melrose DeWolf and William E. Sadowski, Miami, for appellee.

Before HENDRY, HUBBART and NESBITT, JJ.

PER CURIAM.

Appellants appeal from a summary judgment in favor of appellee in a slip and fall action. The record on appeal discloses that there are genuine issues of material fact which have not been eliminated by movants for summary judgment. Montgomery v. Florida Jitney Jungle Stores, Inc., 281 So.2d 302 (Fla. 1974); Gizzard v. Colonial Stores, Inc., 330 So.2d 768 (Fla. 1st DCA 1976); Winn Dixie Stores, Inc. v. Williams, 264 So.2d 862 (Fla. 3d DCA 1972).

Reversed and remanded for further proceedings.