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FARREY v. BETTENDORF

No. 58-678.

123 So.2d 558 (1960)

Thomas FARREY, a minor, by his father and next friend, I. Lloyd Farrey, and I. Lloyd Farrey, individually, Appellants, v. Joseph BETTENDORF and Joseph R. Stein, Appellees.

District Court of Appeal of Florida. Third District.

October 13, 1960.

Attorney(s) appearing for the Case

Nichols, Gaither, Green, Frates & Beckham and Sam Daniels, Miami, for appellants.

Dixon, DeJarnette, Bradford, Williams, McKay & Kimbrell; Blackwell, Walker & Gray, Miami, for appellees.

PER CURIAM.

Appellants Farrey seek reversal of a summary judgment in favor of appellee Bettendorf in a motor vehicle negligence case.

The point for consideration is whether the affidavits and depositions generated a factual issue on the question of gross negligence sufficient to preclude the entry of a summary judgment for the defendant.

This case was previously considered by the Supreme Court. Farrey et al. v. Bettendorf, Fla. 1957,

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