LEATHERBY INSURANCE COMPANY v. MATHERLY

No. 76-140.

334 So.2d 134 (1976)

LEATHERBY INSURANCE COMPANY, Appellant, v. Barbara M. MATHERLY, and Earl W. Matherly, Her Husband, Appellees.

District Court of Appeal of Florida, Third District.

June 22, 1976.


Attorney(s) appearing for the Case

Prunty, Ross, DeLoach & Olsen, Miami, for appellant.

Frates, Floyd, Pearson, Stewart, Proenza & Richman and George E. Schulz, Jr., Miami, for appellees.

Before HENDRY and NATHAN, JJ., and CHARLES CARROLL (Ret.), Associate Judge.


PER CURIAM.

This is an interlocutory appeal by defendant from an order of the circuit court granting partial summary judgment in favor of plaintiffs, appellees, on the issue of liability.

We have carefully reviewed the record on appeal and have found that it discloses that there are issues of material fact which have not been eliminated by movants so as to entitle them to a partial summary.

Summary judgments are proper only where there is no genuine...

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