Smith v. Brandon, Peacock, Jones

Full title: JOHN V. SMITH AND LUCY L. SMITH, APPELLANTS, v. BRANDON, PEACOCK, JONES…

Court: District Court of Appeal of Florida, Fourth District

Date published: Feb 28, 1979

368 So. 2d 81 (Fla. Dist. Ct. App. 1979)

Opinion

No. 77-2426.

February 28, 1979.

Appeal from Circuit Court, Palm Beach County; Paul T. Douglas, Judge.

Robyn Greene of Greene Cooper, Miami, and Maurice Fixel of Meyer, Leben, Fixel Cantor, Hollywood, for appellants.

Edna L. Caruso and Montgomery, Lytal, Reiter, Denney Searcy, West Palm Beach, for appellees.

PER CURIAM.

The summary judgment in this case is reversed on the authority of Chambers v. Gaul, 365 So.2d 213 (Fla. 4th DCA 1978); Jones v. North Dade Hospital, Inc., 359 So.2d 56 (Fla. 3d DCA 1978) and Enfield v. Held, 357 So.2d 772 (Fla. 2d DCA 1978); and this cause is remanded for further proceedings.

REVERSED and REMANDED.

DAUKSCH and MOORE, JJ., and FARRINGTON, OTIS, Associate Judge, concur.