BOTTORF v. JOHNSTON

No. 60-624.

132 So.2d 422 (1961)

Wilson G. BOTTORF, a minor by and through his natural guardian and father, George H. Bottorf, and George H. Bottorf, individually, Appellants, v. Robert L. JOHNSTON, Appellee.

District Court of Appeal of Florida. Third District.

Rehearing Denied September 8, 1961.


Attorney(s) appearing for the Case

Truett & Watkins and Harold Heller, Miami, for appellants.

Prebish & DuVal, Miami, for appellee.

Before PEARSON, TILLMAN, C.J., and HORTON and CARROLL, JJ.


CARROLL, CHAS., Judge.

In this action by a minor and his father for damages for personal injuries received by the minor when he was shot by defendant after being found in defendant's parked automobile, plaintiffs' motion for summary judgment was denied, summary judgment was granted to defendant, and plaintiffs appealed.

The record discloses triable issues which may not be resolved on a motion for summary judgment, including whether the facts showed a felony...

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