McArthur v. Smith

Full title: JOHN McARTHUR, APPELLANT, v. DONALD SMITH, D/B/A G S TRUCKING, APPELLEE

Court: District Court of Appeal of Florida, Third District

Date published: Dec 2, 1986

498 So. 2d 580 (Fla. Dist. Ct. App. 1986)

Opinion

No. 86-380.

December 2, 1986.

An Appeal from the Circuit Court of Dade County, Joseph P. Farina, Judge.

Gerald E. Rosser, Miami, for appellant.

Merritt, Sikes Craig and William L. Summers, Miami, for appellee.

Before HUBBART and BASKIN and FERGUSON, JJ.

PER CURIAM.

The final judgment on the pleadings entered below is reversed and the cause is remanded for further proceedings based on the controlling authorities of Diaz v. Public Health Trust of Dade County, 492 So.2d 1082, 1085 (Fla. 3d DCA 1986) and Szabo v. Essex Chemical Corp., 461 So.2d 128 (Fla. 3d DCA 1984).