BUCK v. HARDY

No. 58-275.

106 So.2d 428 (1958)

Elva BUCK and Lawrence Buck, her husband, Appellants, v. Grace HARDY, a widow, and Emanuel B. Naftel, Appellees.

District Court of Appeal of Florida. Third District.

Rehearing Denied December 5, 1958.


Attorney(s) appearing for the Case

Henry R. Carr and Marshall G. Curran, Jr., Miami, for appellants.

Wicker & Smith, Miami, and Stephen C. McAliley, Jacksonville, for appellees.


BARNS, PAUL D., Associate Judge.

The Bucks, appellant-plaintiffs, brought an action against the appellee-defendants alleging negligence. The appellants were tenants of the defendants. The defendants denied the allegation of the complaint and plead contributory negligence. After the pleadings were settled the defendants moved for a summary judgment. The motion was granted and from the adverse summary judgment the plaintiffs appeal. We find error and reverse.

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