Florida District Courts of Appeal, 1992

Bryant v. Robert S. Fisher, Inc.

Bryant v. Robert S. Fisher, Inc.
Florida District Courts of Appeal · Decided June 9, 1992 · Baskin, Ferguson, Jorgenson
599 So. 2d 285; 1992 Fla. App. LEXIS 6645; 1992 WL 123432 (Southern Reporter, Second Series)

Bryant v. Robert S. Fisher, Inc.

Opinion of the Court

PER CURIAM.

Appellants/plaintiffs appeal from a final judgment entered following the grant of appellee/defendant’s motion for summary judgment. We reverse.

The trial court erred in basing its summary judgment ruling on the defendant’s “uncontroverted expert testimony.” The plaintiffs in this case presented evidence which directly conflicted with the expert testimony, thereby showing that a genuine issue of material fact existed. Summary judgment was therefore improper. See Thrasher v. Koehring Co., 543 So.2d 754 (Fla. 3d DCA 1988).

Reversed.

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