WELLS v. THOMAS

No. JJ-237.

362 So.2d 422 (1978)

Ollie L. WELLS and State Farm Mutual Automobile Insurance Company, Appellants, v. Carolyn D. THOMAS and Derrell C. Thomas, Appellees.

District Court of Appeal of Florida, First District.

August 30, 1978.


Attorney(s) appearing for the Case

Joe J. Harrell, of Harrell, Wiltshire, Stone & Swearingen, Pensacola, for appellants.

William Fisher, III, of Fisher, Bell, Hahn, Winn & Rubel, Pensacola, for appellees.


PER CURIAM.

This appeal questions the correctness of a partial 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 complaint 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...

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