Florida District Courts of Appeal, 1968

Sanders v. Great Atlantic & Pacific Tea Co.

Sanders v. Great Atlantic & Pacific Tea Co.
Florida District Courts of Appeal · Decided February 6, 1968 · Carroll, Hendry, Swann
206 So. 2d 687; 1968 Fla. App. LEXIS 6104 (Southern Reporter, Second Series)

Sanders v. Great Atlantic & Pacific Tea Co.

Opinion of the Court

PER CURIAM.

This appeal is by the plaintiff, Mamie Lee Sanders, from a final summary judgment for the defendant in a slip and fall case.

We reverse. A review of the various affidavits filed herein demonstrates that there is a genuine issue as to material facts herein. See Holl v. Talcott, Fla.1966, 191 So.2d *68840 and Visingardi v. Tirone, Fla.1967, 193 So.2d 601. The question of negligence, if any, in this cause should be resolved by the jury.

We, therefore, reverse and remand for further action consistent herewith.

Reversed and remanded.

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