Banks v. City of Tampa

Florida District Courts of Appeal
Banks v. City of Tampa, 112 So. 2d 888 (1959)
1959 Fla. App. LEXIS 2969
Allen, James, Kanner, Walden

Banks v. City of Tampa

Opinion of the Court

PER CURIAM.

The record reveals the existence of a genuine issue as to a material fact, namely, *889whether or not appellant wife saw or should have seen the alleged defect in the sidewalk of the City of Tampa. Accordingly, the summary judgment entered below against the plaintiffs-appellants should be reversed. Rule 1.36(c), Florida Rules of Civil Procedure, 30 F.S.A.; Mullis v. City of Miami, Fla.1952, 60 So.2d 174; Smith v. Poston Bridge & Iron, Inc., Fla.1956, 87 So.2d 581; Delany v. Breeding’s Homestead Drug Co., Fla.1957, 93 So.2d 116; Farrey v. Bettendorf, Fla.1957, 96 So.2d 889; Bess v. 17545 Collins Avenue, Inc., Fla.1957, 98 So.2d 490; Buck v. Hardy, Fla.App. 1958, 106 So.2d 428; Mason v. Renick, Fla.App.1958, 107 So.2d 38.

Reversed.

KANNER, C. J., ALLEN, J., and WALDEN, JAMES H., Associate Judge, concur.

Reference

Full Case Name
John G. BANKS and Ann H. Banks v. CITY OF TAMPA
Cited By
1 case
Status
Published