KOFLEN v. GREAT ATLANTIC & PAC. TEA CO.

No. 64-972.

177 So.2d 529 (1965)

Siri KOFLEN and William Koflen, her husband, Appellants, v. The GREAT ATLANTIC & PACIFIC TEA COMPANY, Inc., a Maryland corporation, Appellee.

District Court of Appeal of Florida. Third District.

July 27, 1965.


Attorney(s) appearing for the Case

Silverstein, Nachwalter & Brush; Fred Patrox, Miami, for appellants.

Dean & Adams and Charles K. George, Miami, for appellee.

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


TILLMAN PEARSON, Judge.

The plaintiff appeals from a summary final judgment entered in a slip-and-fall case. The question as to whether there is a genuine issue of material fact must be determined in this case upon the basis of whether an affidavit of one of the plaintiffs was properly disregarded by the court. We hold that the affidavit should have been considered by the trial judge and that the summary final judgment was erroneously entered.

The plaintiffs...

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