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SCHUSTER v. FOOD FAIR STORES OF FLORIDA

No. 57-216.

99 So.2d 621 (1958)

Jerry SCHUSTER and Daisy Schuster, Appellants, v. FOOD FAIR STORES OF FLORIDA, Inc., Appellee.

District Court of Appeal of Florida. Third District.

Rehearing Denied January 31, 1958.

Attorney(s) appearing for the Case

Leonard H. Rubin, Miami, for appellants.

Brown, Dean, Adams & Fischer, Miami, for appellee.

PER CURIAM.

Affirmed.

CARROLL, CHAS., C.J., and HORTON, J., concur.

PEARSON, J., dissents.

PEARSON, Judge, (dissenting).

I base my dissent upon my interpretation of the summary judgment rule. The defendant presented affidavits upon which the trial judge could have been and in all probability was convinced that there was no negligence. The plaintiff relied solely upon her deposition taken by the defendant. This deposition was inconclusive...

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