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Florida District Courts of Appeal, 1985

Busbee-Bailey Tomato Co. v. Bailey

Busbee-Bailey Tomato Co. v. Bailey
Florida District Courts of Appeal · Decided February 27, 1985 · Booth, Pearson, Ret, Shivers
463 So. 2d 1255; 1985 Fla. App. LEXIS 12590 (Southern Reporter, Second Series)

Busbee-Bailey Tomato Co. v. Bailey

Opinion of the Court

PER CURIAM.

We set aside the summary judgment on the authority of Fish Carburetor Corporation v. Great American Insurance Company, 125 So.2d 889 (Fla. 1st DCA 1961), *1256and Howarth Trust v. Howarth, 310 So.2d 57 (Fla. 1st DCA 1975), and remand for further proceedings consistent herewith, including the taking of additional testimony, if any, to be determined by the trial court.

Summary judgment is set aside and the cause remanded.

BOOTH and SHIVERS, JJ., and TILLMAN PEARSON (Ret.), Associate Judge, concur.

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

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