Opinion
No. O-488.
March 23, 1972. Rehearing Denied April 25, 1972.
Appeal from Court of Record, Escambia County; M.C. Blanchard, Judge.
Wilmer H. Mitchell, of Holsberry, Emmanuel, Sheppard Mitchell, Pensacola, for appellants.
Joe J. Harrell, of Harrell, Wiltshire, Bozeman, Clark Stone, and Robert P. Gaines, of Beggs, Lane, Daniel, Gaines Davis, Pensacola, for appellees.
This appeal challenges the correctness of a final summary judgment rendered in favor of appellees.
A careful examination of the record on appeal conclusively establishes the absence of any genuine triable issue of a material fact with respect to appellees' liability for the damages suffered by appellants, and that appellees were entitled to judgment as a matter of law. The judgment appealed is accordingly affirmed. 23 Fla.Jur. 281, Negligence, § 37; DeLuca v. Manchester Laundry Dry Cleaning Company (1955) 380 Pa. 484, 112 A.2d 372; Kite v. Jones (1957) 389 Pa. 339, 132 A.2d 683; Cotter v. Bell (1965) 417 Pa. 560, 208 A.2d 216; Tuz v. Burmeister (Fla.App. 1971) 254 So.2d 569; General Telephone Company of Florida, Inc. v. Mahr (Fla.App. 1963) 153 So.2d 13.
SPECTOR, C.J., and WIGGINTON and JOHNSON, JJ., concur.