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Wells v. Thomas

District Court of Appeal of Florida, First District
Aug 30, 1978
362 So. 2d 422 (Fla. Dist. Ct. App. 1978)

Opinion

No. JJ-237.

August 30, 1978.

Appeal from Circuit Court, Escambia County; Joseph M. Crowell, Judge.

Joe J. Harrell, of Harrell, Wiltshire, Stone Swearingen, Pensacola, for appellants.

William Fisher, III, of Fisher, Bell, Hahn, Winn Rubel, Pensacola, for appellees.


This appeal questions the correctness of a partial summary judgment rendered in favor of appellees.

The record on appeal fails to conclusively establish that there was no genuine triable issue of a material fact under the issues as made by the complaint and the answer thereto. Under these circumstances, appellees were not entitled to judgment as a matter of law, and the trial court erred in holding to the contrary. See Wills v. Sears, Roebuck and Company, 351 So.2d 29 (Fla. 1977).

The judgment appealed is reversed and the cause remanded to the trial court for the purpose of receiving evidence on the issues as made by the pleadings, and rendering final judgment thereon.

Reversed and remanded.

McCORD, C.J., and MILLS and BOYER, JJ., concur.


Summaries of

Wells v. Thomas

District Court of Appeal of Florida, First District
Aug 30, 1978
362 So. 2d 422 (Fla. Dist. Ct. App. 1978)
Case details for

Wells v. Thomas

Case Details

Full title:OLLIE L. WELLS AND STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY…

Court:District Court of Appeal of Florida, First District

Date published: Aug 30, 1978

Citations

362 So. 2d 422 (Fla. Dist. Ct. App. 1978)