Opinion
No. 78-2093.
June 19, 1979.
Appeal from Circuit Court, Dade County; Harold R. Vann, Judge.
Horton, Perse Ginsberg and Mallory H. Horton, Miami, for appellant.
Helliwell, Melrose DeWolf and Kenneth F. Claussen, Miami, for appellee.
Before PEARSON, BARKDULL and HUBBART, JJ.
The summary final judgment entered in favor of the defendant Sears, Roebuck Company in this negligence action is reversed and the cause remanded for further proceedings. On this record we cannot say that the defendant's proof adduced in support of its motion for summary judgment was sufficient as a matter of law to negate the plaintiff's cause of action for negligence against the defendant as set forth in the complaint. As such, a summary judgment at this stage of the proceedings was improper. Wills v. Sears, Roebuck Co., 351 So.2d 29 (Fla. 1977); Holl v. Talcott, 191 So.2d 40 (Fla. 1966). See Burdine's Inc. v. McConnell, 146 Fla. 512, 1 So.2d 462 (1941).
Reversed and remanded.