Florida District Courts of Appeal, 1985

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)

Cases that cite this one

3 later published cases cite this decision.

Suggs v. Allen (Fla. Dist. Ct. App. 1990)
Gutierrez v. Bermudez (Fla. Dist. Ct. App. 1989)
Zygmont v. Smith (Fla. Dist. Ct. App. 1989)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

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.

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