GOOD WEAR TIRE CO. v. ROBBINS TIRE

Full title: GOOD WEAR TIRE COMPANY, INC., APPELLANT, v. ROBBINS TIRE RUBBER COMPANY…

Court: District Court of Appeal of Florida, Third District

Date published: Dec 4, 1979

377 So. 2d 769 (Fla. Dist. Ct. App. 1979)

Opinion

No. 79-157.

December 4, 1979.

Appeal from Circuit Court, Dade County; Sidney L. Segall, Judge.

Lewis W. Miles, II, Miami, for appellant.

Friedman Britton and Leo Adderly, Miami, for appellee.

Before PEARSON, HENDRY and HUBBART, JJ.

PER CURIAM.

Affirmed. Webber v. Brickley, 239 So.2d 633 (Fla.3d DCA 1970) and Riley v. Gustinger, 235 So.2d 364 (Fla.3d DCA 1970).

PEARSON, Judge, dissenting in part.

The order appealed is a summary final judgment. It is my view that there was a genuine issue of fact on the complaint and answer after the trial judge struck the counterclaim and affirmative defenses. I would remand for trial of the claim and answer.