BROWNE v. MONUMENTAL PROPERTIES OF FLORIDA, INC.

No. 77-779.

361 So.2d 433 (1978)

Robert BROWNE, Appellant, v. MONUMENTAL PROPERTIES OF FLORIDA, INC., a Florida Corporation D/B/a Society Partk, N.E., Maryland Casualty Company, a Foreign Corporation and James Russell, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied September 6, 1978.


Attorney(s) appearing for the Case

Eric A. Lanigan of Maher & Overchuck, Orlando, for appellant.

J. Scott Kirk and John W. Bussey, III, of Smalbein, Eubank, Johnson, Rosier & Bussey, Orlando, for appellees.


BLACK, SUSAN H., Associate Judge.

Appellant, Robert Browne, takes his appeal from a Final Summary Judgment.

The court erred in granting the summary judgment as there was a substantial question of fact raised by the affidavit of Curtis Lee Elder, Jr. The affidavit raised a factual question of the appellee's knowledge of the violent propensities of it's employee as discussed in Mallory v. O'Neil, 69 So.2d 313 (Fla....

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