DURKIN v. MORGAN

No. 2381.

227 So.2d 231 (1969)

Richard B. DURKIN and Patricia M. Durkin, His Wife, Appellants, v. Charles R. MORGAN, Harry G. Carratt and Francis D. O'Connor d/b/a Morgan Carratt and O'Connor, Appellees.

District Court of Appeal of Florida. Fourth District.

October 22, 1969.


Attorney(s) appearing for the Case

Neil J. LaHurd, of Parkhurst and LaHurd, Fort Lauderdale, for appellants.

Harry G. Carratt, of Morgan, Carratt & O'Connor, Fort Lauderdale, for appellees.


WALDEN, Judge.

We approach again the question which has so often and for so long confounded counsel and the courts — should summary judgment have been entered?

The principles of law are well known and this case does not require a rehashing, a refinement or a re-consideration of them.

We reverse the summary final judgment here appealed for the reason that there are genuine issues of material fact which should have precluded its entry. Rule 1...

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