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Fisher v. Clarizio

District Court of Appeal of Florida, Fourth District
May 2, 2001
783 So. 2d 1208 (Fla. Dist. Ct. App. 2001)

Opinion

No. 4D00-2231.

Opinion filed May 2, 2001.

Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; James T. Carlisle, Judge; L.T. Case No. CL 96-10218 AE.

Joy A. Bartmon of The Law Offices of Joy A. Bartmon, P.A., Boca Raton and Howard L. Visnick, Gloucester, Massachusetts, for appellants.

Bard D. Rockenbach of Sellars, Marion Bachi, P.A., West Palm Beach, for Appellees-American Journal, Inc. and Target Television Enterprises, Inc.


Plaintiffs appeal a summary judgment entered in an automobile negligence case. It appears that the trial court granted the defendant's motion for summary judgment because it concluded that there were no issues of fact as to whether defendants Osowaski and Clarizio were guilty of common law negligence. It further appears that this conclusion resulted in summary judgment being entered in favor of the other defendants, who were alleged to be vicariously liable. We find that there are material issues of fact as to the common law negligence of Osawaski and Clarizio, and thus reverse the summary judgment entered as to all defendants.

DELL, GUNTHER and KLEIN, JJ., Concur.


Summaries of

Fisher v. Clarizio

District Court of Appeal of Florida, Fourth District
May 2, 2001
783 So. 2d 1208 (Fla. Dist. Ct. App. 2001)
Case details for

Fisher v. Clarizio

Case Details

Full title:CHARLES W. FISHER and CONSTANCE J. FISHER, Appellants, v. LAURA CLARIZIO…

Court:District Court of Appeal of Florida, Fourth District

Date published: May 2, 2001

Citations

783 So. 2d 1208 (Fla. Dist. Ct. App. 2001)