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267 So. 2d 111

Wright v. Thompson

District Court of Appeal of Florida

Decided October 6, 1972

District Court of Appeal of Florida · decided 1972-10-06

Cited by 2 later decisions — most recently September 1975

2 state decisions

Relies on 229 So. 2d 850 - Stirling v. Sapp · Silverberg v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1972-10-06

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PER CURIAM.

¶1Wayne Wright, defendant (and counter-plaintiff) below brings this interlocutory appeal from an adverse summary judgment on liability. He contends that the depositions and other evidence in this case left material issues of fact remaining, sufficient to preclude a summary judgment. We agree. The record in this case discloses triable issues at least as to the contributory negligence of appellee, if not as to the negligence of appellant. Therefore, appellant is entitled to a jury trial on the question of liability.1

¶2Reversed and remanded for proceedings not inconsistent herewith.

HOBSON, Acting C. J., and MANN and McNULTY, JJ., concur.

¶3. See, e. g., Cohen v. Dennis (Fla.App.1968), 209 So.2d 465. Also, cf., Stirling v. Sapp (Fla. 1969), 229 So.2d 850.

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