HIGGINS v. INVE. ACCEP. CO. OF MIAMI

No. 73-634.

287 So.2d 724 (1974)

Kent W. HIGGINS, Appellant, v. INVESTORS ACCEPTANCE COMPANY OF MIAMI, a Florida Corporation, Appellee.

District Court of Appeal of Florida, Third District.

January 8, 1974.


Attorney(s) appearing for the Case

Rentz, McClellan & Haggard, Miami, for appellant.

Robert S. Korschun, Harold A. Turtletaub, Miami, for appellee.

Before CARROLL, HENDRY and HAVERFIELD, JJ.


HENDRY, Judge.

Appellant, plaintiff in the trial court, seeks review of an adverse summary judgment finding that the tortfeasor in this cause was not an employee of the defendant.

Plaintiff's deposition and an affidavit of Mr. William Maer, defendant's employee, revealed the following facts which were before the trial judge upon the motion for summary judgment: On April 13, 1972 as plaintiff and his wife were about to go to bed, they heard a loud knock on...

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