ZIMMER HOMES CORPORATION v. BAKER

No. Z-391.

334 So.2d 127 (1976)

ZIMMER HOMES CORPORATION, Appellant (Plaintiff), v. Keith A. BAKER and Gladys Sue Baker, D/B/a Bakers Mobile Home Sales and Service; Appellees (Defendants).

District Court of Appeal of Florida, First District.

June 29, 1976.


Attorney(s) appearing for the Case

Alan B. Fields, Jr., Palatka, for appellant.


BY THE COURT.

This appeal questions the correctness of a summary judgment rendered in favor of appellees.

The record on appeal fails to conclusively establish that there was no genuine triable issue of a material fact under the issues as made by the counterclaim and the answer thereto. Under these circumstances, appellees were not entitled to judgment as a matter of law, and the trial court erred in holding to the contrary.

The judgment appealed is...

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