Florida District Courts of Appeal, 1976

Leatherby Insurance Co. v. Matherly

Florida District Courts of Appeal · Decided June 22, 1976 · Carroll, Hendry, Nathan, Ret

334 So. 2d 134; 1976 Fla. App. LEXIS 14594 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Beggins v. Beall & Associates Roofing Corp. (Fla. Dist. Ct. App. 1981)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

This is an interlocutory appeal by defendant from an order of the circuit court granting partial summary judgment in favor of plaintiffs, appellees, on the issue of liability.

We have carefully reviewed the record on appeal and have found that it discloses that there are issues of material fact which have not been eliminated by movants so as to entitle them to a partial summary.

Summary judgments are proper only where there is no genuine issue of material fact to be tried. Anderson v. Aamco Transmissions of Brevard, Inc., Fla.1972, 265 So.2d 5; Connell v. Sledge, Fla.App.1975, 306 So.2d 194.

For the reasons stated partial summary judgment should not have been granted.

Reversed and remanded for further proceedings.

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