Florida District Courts of Appeal, 1983

Spuhler v. Savitsky

Florida District Courts of Appeal · Decided November 9, 1983 · Boardman, Danahy, Ryder

440 So. 2d 1326; 1983 Fla. App. LEXIS 24125 (Southern Reporter, Second Series)

Opinion of the Court

PER CURIAM.

This is an appeal from a final summary judgment entered in favor of appellee, a physician, on a claim of appellant Christine Spuhler.

*1327The record reveals the existence of a genuine issue as to a material fact, namely the active negligence of appellee/defendant in the treatment and diagnosis of appellant/plaintiff. Accordingly, the summary judgment entered by the trial court against appellant is reversed. Fla.R.Civ.P. 1.510(c); Holl v. Talcott, 191 So.2d 40 (Fla. 1966).

REVERSED and REMANDED for further proceedings consistent with this opinion.

BOARDMAN, A.C.J., and RYDER and DANAHY, JJ., concur.

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