WRIGHT v. THOMPSON

No. 72-135.

267 So.2d 111 (1972)

Wayne V. WRIGHT, Appellant, v. Elmer G. THOMPSON, Appellee.

District Court of Appeal of Florida, Second District.

October 6, 1972.


Attorney(s) appearing for the Case

J. Hagen, and J.B. Thompson, of Fowler, White, Gillen, Humkey, Kinney & Boggs, St. Petersburg, for appellant.

H. Glenn Waddell, of Shackleford, Farrior, Stallings & Evans, Tampa, and Guy N. Perenich of Muscarella, Perenich & Carroll, Clearwater, for appellee.


PER CURIAM.

Wayne Wright, defendant (and counter-plaintiff) below brings this interlocutory appeal from an adverse summary judgment on liability. He contends that the depositions and other evidence in this case left material issues of fact remaining, sufficient to preclude a summary judgment. We agree. The record in this case discloses triable issues at least as to the contributory negligence of appellee, if not as to the negligence of appellant. Therefore, appellant...

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