Florida District Courts of Appeal, 1978

Bruner v. Bailey

Bruner v. Bailey
Florida District Courts of Appeal · Decided October 11, 1978 · Anstead, Cross, Dauksch
363 So. 2d 166; 1978 Fla. App. LEXIS 16456 (Southern Reporter, Second Series)

Bruner v. Bailey

Opinion of the Court

PER CURIAM.

Upon consideration of the record and briefs of counsel for the respective parties, we determine the only error having been made to appear was in the trial court’s entering summary final judgment on count two (negligence) of the complaint, as genuine issues of material facts exist. Accordingly, summary final judgment as to count two is reversed. In all other respects, the order is affirmed.

Affirmed in part, reversed in part, and remanded.

CROSS and ANSTEAD, JJ., concur. DAUKSCH, J., dissents with opinion.

Dissenting Opinion

DAUKSCH, Judge,

dissenting:

I respectfully dissent. Count two of the complaint attempts to allege a negligent act or acts on the part of the corporate appel-lees which caused injury to the appellant. In my opinion that count fails to state a cause of action upon which damages could be awarded properly. I should affirm the trial court in all respects.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.