AUERBACH v. ALTO

No. 73-387.

281 So.2d 567 (1973)

Lily AUERBACH and Consolidated American Insurance Company, a Foreign Corporation, Appellants, v. James R. ALTO and Mary T. Alto, His Wife, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied September 12, 1973.


Attorney(s) appearing for the Case

Sherouse & Virgin and Chester E. Whittle, Jr., Miami, for appellants.

Sams, Anderson, Alper, Spencer & Post and Frank B. Pridgen, Miami, for appellees.

Before BARKDULL, C.J., and PEARSON and HAVERFIELD, JJ.


PER CURIAM.

Defendant-appellants take this interlocutory appeal from an order granting summary judgment on the issue of liability in favor of plaintiffs.

Plaintiff James Alto was riding on his motorcycle on the rear of which was seated his wife. A dog owned by Mrs. Auerbach, the defendant, charged into the street in front of the motorcycle and began to chew on James Alto's tennis shoe. James then attempted to get the motorcycle in gear and escape from the...

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