Supreme Court of Florida, 1956

Chereton v. Armstrong Rubber Co.

Supreme Court of Florida · Decided May 23, 1956 · Arid, Connell, Drew, Thomas

87 So. 2d 579; 1956 Fla. LEXIS 3734 (Southern Reporter, Second Series)

Cases that cite this one

8 later published cases cite this decision.

Algernon Blair Cont. v. Hughes Supply (Fla. Dist. Ct. App. 1996)
Key Bank v. First United Land Title Co. (Fla. Dist. Ct. App. 1987)
Steinberg v. Charles Sales Corp. (Fla. Dist. Ct. App. 1974)
Pennsylvania Threshermen & Farmers' Mutual Casualty Insurance v. Brownlee (Fla. Dist. Ct. App. 1966)
National Exhibition Company v. Ball (Fla. Dist. Ct. App. 1962)
A. & G. Aircraft Service, Inc. v. Drake (Fla. Dist. Ct. App. 1962)
Emile v. First National Bank of Miami (Fla. Dist. Ct. App. 1961)
Allen Kroblin, Inc. v. Roberts (Fla. Dist. Ct. App. 1958)

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.

The defendant’s answer to plaintiff’s complaint raised an issue of fact that was not met by plaintiff’s affidavit in support of its motion for summary judgment. So, regardless of the insufficiency of defendant’s counter-affidavit, there remained a genuine issue of fact which should have been tried by a jury.

Accordingly, the summary judgment in favor of plaintiff should be and it is hereby reversed under the authority of Williams v. City of Lake City, Fla. 1953, 62 So.2d 732, Wilson v. Bachrach, Fla.1953, 65 So.2d 546, and similar cases.

Reversed and remanded for further proceedings.

DREW, C. J., and THOMAS, ROBERTS arid O’CONNELL, JJ., concur.

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