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Czellar v. duPont

District Court of Appeal of Florida, Third District
Nov 12, 1969
227 So. 2d 882 (Fla. Dist. Ct. App. 1969)

Opinion

No. 69-163.

November 12, 1969.

An Appeal from the Circuit Court for Dade County; William A. Herin, Judge.

Alexander S. Gordon, Miami Beach, for appellant.

Smathers Thompson and Earl D. Waldin, Jr., Miami, for appellee.

Before PEARSON, C.J., and CHARLES CARROLL and SWANN, JJ.


The trial court entered a summary judgment for the defendant. In that judgment the court set out certain material facts. On this appeal appellant agrees that the facts set out are correct and undisputed but urges that the summary judgment was erroneously granted as a matter of law.

We hold otherwise. On review of the record and briefs, we conclude that on the facts disclosed the trial court was eminently correct in holding that the defendant was entitled to a summary judgment. Moreover we think it should be pointed out that the damages urged in argument before this court were not recoverable. Cf. Barrow v. Curtis, Fla.App. 1968, 209 So.2d 699; Courtney v. American Oil Company, Fla. App. 1969, 220 So.2d 675.

Affirmed.


Summaries of

Czellar v. duPont

District Court of Appeal of Florida, Third District
Nov 12, 1969
227 So. 2d 882 (Fla. Dist. Ct. App. 1969)
Case details for

Czellar v. duPont

Case Details

Full title:MAXIM BRAMBLE CZELLAR, APPELLANT, v. FRANCIS I. duPONT CO., APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Nov 12, 1969

Citations

227 So. 2d 882 (Fla. Dist. Ct. App. 1969)