Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Attorney(S)
Judges

HARRY H. CHERETON, APPELLANT, v. ARMSTRONG RUBBER COMPANY, APPELLEE.

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 and O'CONNELL, JJ., concur.

Use AI to get other relevant cases.

Comments

CHERETON v. ARMSTRONG RUBBER COMPANY
(May 23, 1956)