Florida District Courts of Appeal, 1989

Garris v. Winn Dixie Stores, Inc.

Garris v. Winn Dixie Stores, Inc.
Florida District Courts of Appeal · Decided February 7, 1989 · Ferguson, Levy, Nesbitt
541 So. 2d 1229; 14 Fla. L. Weekly 391; 1989 Fla. App. LEXIS 534; 1989 WL 8360 (Southern Reporter, Second Series)

Garris v. Winn Dixie Stores, Inc.

Opinion of the Court

PER CURIAM.

Appellee/Winn Dixie Stores, Inc. concedes, and we agree, that the trial court should have considered appellant/plaintiff’s answers to interrogatories in ruling on the defendant’s summary judgment motion pursuant to Florida Rule of Civil Procedure 1.510(c). Those answers to interrogatories create genuine issues of material fact which should be resolved at trial.

We reverse the final summary judgment and final costs judgment entered in favor of Winn Dixie and remand the cause to the trial court for further proceedings.

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