FLEMING v. SMART

No. 62-725.

153 So.2d 748 (1963)

Eddie FLEMING, Appellant, v. Eldridge SMART, Appellee.

District Court of Appeal of Florida. Third District.

May 28, 1963.


Attorney(s) appearing for the Case

Reynolds & Larotonda, Miami, for appellant.

Dean, Adams & Fischer and Talbot W. Trammell, Miami, for appellee.

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


PER CURIAM.

The appellant, plaintiff below, appeals an adverse final summary judgment. The question involved here is whether or not the appellant was a guest passenger within the purview of § 320.59, Fla. Stat., F.S.A.

The facts, which appear to be without material conflict, are that the appellant and appellee were proceeding from a cafe, intending to ultimately attend a church sale. While en route, with the appellant driving the appellee's car, they...

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