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Bryant v. Robert S. Fisher, Inc.

District Court of Appeal of Florida, Third District
Jun 9, 1992
599 So. 2d 285 (Fla. Dist. Ct. App. 1992)

Opinion

No. 92-336.

June 9, 1992.

An Appeal from the Circuit Court for Dade County; Harold Solomon, Judge.

Walton Lantaff Schroeder Carson and Robert L. Teitler, Miami, for appellants.

Atlas, Pearlman Trop, P.A., and Howard N. Kahn, Fort Lauderdale, for appellee.

Before BASKIN, FERGUSON and JORGENSON, JJ.


Appellants/plaintiffs appeal from a final judgment entered following the grant of appellee/defendant's motion for summary judgment. We reverse.

The trial court erred in basing its summary judgment ruling on the defendant's "uncontroverted expert testimony." The plaintiffs in this case presented evidence which directly conflicted with the expert testimony, thereby showing that a genuine issue of material fact existed. Summary judgment was therefore improper. See Thrasher v. Koehring Co., 543 So.2d 754 (Fla. 3d DCA 1988).

Reversed.


Summaries of

Bryant v. Robert S. Fisher, Inc.

District Court of Appeal of Florida, Third District
Jun 9, 1992
599 So. 2d 285 (Fla. Dist. Ct. App. 1992)
Case details for

Bryant v. Robert S. Fisher, Inc.

Case Details

Full title:JACK BRYANT AND JOHN BRYANT, D/B/A BRYANT ELECTRIC COMPANY, APPELLANTS, v…

Court:District Court of Appeal of Florida, Third District

Date published: Jun 9, 1992

Citations

599 So. 2d 285 (Fla. Dist. Ct. App. 1992)