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Banks v. City of Tampa

District Court of Appeal of Florida, Second District
Jun 19, 1959
112 So. 2d 888 (Fla. Dist. Ct. App. 1959)

Opinion

No. 241.

May 20, 1959. Rehearing Denied June 19, 1959.

Appeal from the Circuit Court, Hillsborough County, L.L. Parks, J.

T. Truett Ott, of Hardee Ott, Tampa, for appellants.

Ralph A. Marsicano, Neil C. McMullen, and William R. McCown, Tampa, for appellee.


The record reveals the existence of a genuine issue as to a material fact, namely, whether or not appellant wife saw or should have seen the alleged defect in the sidewalk of the City of Tampa. Accordingly, the summary judgment entered below against the plaintiffs-appellants should be reversed. Rule 1.36(c), Florida Rules of Civil Procedure, 30 F.S.A.; Mullis v. City of Miami, Fla. 1952, 60 So.2d 174; Smith v. Poston Bridge Iron, Inc., Fla. 1956, 87 So.2d 581; Delany v. Breeding's Homestead Drug Co., Fla. 1957, 93 So.2d 116; Farrey v. Bettendorf, Fla. 1957, 96 So.2d 889; Bess v. 17545 Collins Avenue, Inc., Fla. 1957, 98 So.2d 490; Buck v. Hardy, Fla.App. 1958, 106 So.2d 428; Mason v. Renick, Fla.App. 1958, 107 So.2d 38.

Reversed.

KANNER, C.J., ALLEN, J., and WALDEN, JAMES H., Associate Judge, concur.


Summaries of

Banks v. City of Tampa

District Court of Appeal of Florida, Second District
Jun 19, 1959
112 So. 2d 888 (Fla. Dist. Ct. App. 1959)
Case details for

Banks v. City of Tampa

Case Details

Full title:JOHN G. BANKS AND ANN H. BANKS, APPELLANTS, v. CITY OF TAMPA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Jun 19, 1959

Citations

112 So. 2d 888 (Fla. Dist. Ct. App. 1959)