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COX v. ROBERTI

No. 62-294.

149 So.2d 879 (1963)

John Cleveland COX, Appellant, v. Palmyra ROBERTI, Appellee.

District Court of Appeal of Florida. Third District.

February 19, 1963.

Attorney(s) appearing for the Case

James H. Nance and Kenneth L. Ryskamp, Miami, for appellant.

Carey, Goodman, Terry, Dwyer & Austin, Miami, for appellee.

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

PER CURIAM.

The counterplaintiff appeals a summary final judgment for the counterdefendant on the counterclaim. The sole point presented is that the court should not have granted the summary final judgment because there was a possibility that the facts might develop an application of the doctrine of last clear chance which, if developed, would have relieved the counterplaintiff of the onus of his contributory negligence which appeared as a matter of law. An examination...

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