Opinion
No. 82-200.
November 2, 1982.
Appeal from Circuit Court, Dade County; Jack M. Turner, Judge.
Carey, Dwyer, Cole, Eckhart Mason and Michael C. Spring, Miami, for appellants.
Preddy, Kutner Hardy and Howard K. Cherna, Miami, for appellee.
Before SCHWARTZ, DANIEL S. PEARSON and FERGUSON, JJ.
The summary judgment entered below in this negligence action is reversed because the defendant-movant did not conclusively demonstrate either its non-liability as a matter of law or that the plaintiff could not establish his right to recovery at trial. Holl v. Talcott, 191 So.2d 40 (Fla. 1966); see Sims v. Helms, 345 So.2d 721, 724 (Fla. 1977).