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463 So. 2d 1255

Busbee-Bailey Tomato Co. v. Bailey

District Court of Appeal of Florida

Decided February 27, 1985

District Court of Appeal of Florida · decided 1985-02-27

Relies on 125 So. 2d 889 - Fish Carburetor Corp. v. Great American Ins. Co. · Howarth Trust v. Howarth

Decided 1985-02-27

PER CURIAM.

¶1We set aside the summary judgment on the authority of Fish Carburetor Corporation v. Great American Insurance Company, 125 So.2d 889 (Fla. 1st DCA 1961), *1256and Howarth Trust v. Howarth, 310 So.2d 57 (Fla. 1st DCA 1975), and remand for further proceedings consistent herewith, including the taking of additional testimony, if any, to be determined by the trial court.

¶2Summary judgment is set aside and the cause remanded.

BOOTH and SHIVERS, JJ., and TILLMAN PEARSON (Ret.), Associate Judge, concur.
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