Florida District Courts of Appeal, 1978

Kohl v. Puretz

Kohl v. Puretz
Florida District Courts of Appeal · Decided December 12, 1978 · Kehoe, Pearson, Schwartz
365 So. 2d 208; 1978 Fla. App. LEXIS 17118 (Southern Reporter, Second Series)

Kohl v. Puretz

Opinion of the Court

KEHOE, Judge.

Appellant, plaintiff below, brings this appeal from an amended final judgment, the nature of which is a final order on appel-lees’, defendants below, motion for summary judgment, in a personal injury automobile accident case. The primary issue presented on appeal is whether, from the discovery evidence presented, the trial court properly concluded that there were no material issues of fact remaining in regard to the question of negligence. Our review of the record leads us to the conclusion that there were justiciable issues of material facts remaining at the time the trial court granted summary judgment in favor of ap-pellees. In the light of this conclusion, it is our opinion that the trial court erred in entering the amended final judgment appealed. See Fla.R.Civ.P. 1.510. Accordingly, the judgment is reversed and the cause is remanded for further proceedings.

Reversed and remanded.

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