Florida District Courts of Appeal, 1958

Schuster v. Food Fair Stores of Florida, Inc.

Schuster v. Food Fair Stores of Florida, Inc.
Florida District Courts of Appeal · Decided January 9, 1958 · Carroll, Chas, Horton, Pearson
99 So. 2d 621 (Southern Reporter, Second Series)

Schuster v. Food Fair Stores of Florida, Inc.

Opinion of the Court

PER CURIAM.

Affirmed.

CARROLL, CHAS., C. J., and HORTON, J., concur. PEARSON, J., dissents.

Dissenting Opinion

PEARSON, Judge,

(dissenting).

I base my dissent upon my interpretation of the summary judgment rule. The defendant presented affidavits upon which the trial judge could have been and in all probability was convinced that there was no negligence. The plaintiff relied solely upon her deposition taken by the defendant. This deposition was inconclusive upon the issue of negligence, but taken in its best possible light, set forth facts from which negligence might reasonably be inferred. It is my view that in this situation the judge should not upon motion for summary judgment determine that negligence does not exist.

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