Florida District Courts of Appeal, 1979

Good Wear Tire Co. v. Robbins Tire & Rubber Co.

Florida District Courts of Appeal · Decided December 4, 1979 · Bart, Hendry, Hub, Pearson

377 So. 2d 769; 1979 Fla. App. LEXIS 16169 (Southern Reporter, Second Series)

Opinion of the Court

PER CURIAM.

Affirmed. Webber v. Brickley, 239 So.2d 633 (Fla.3d DCA 1970) and Riley v. Gustinger, 235 So.2d 364 (Fla.3d DCA 1970).

Dissenting Opinion

PEARSON, Judge,

dissenting in part.

The order appealed is a summary final judgment. It is my view that there was a genuine issue of fact on the complaint and answer after the trial judge struck the counterclaim and affirmative defenses. I would remand for trial of the claim and answer.

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