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CROOKS v. SMITH

No. NN-381.

377 So.2d 724 (1979)

Earl C. CROOKS and Joan Crooks, and Gilchrist County, Florida, a Political Subdivision, Appellants, v. Mrs. L.J. SMITH, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied January 3, 1980.

Attorney(s) appearing for the Case

Michael Egan, William J. Roberts, Tallahassee, for appellants.

Phillip Barton of Barton & Cox, Gainesville, for appellee.

PER CURIAM.

Upon consideration of the briefs and the record in this appeal, we find there is a genuine issue as to a material fact. The granting of the summary judgment was error. Manucy v. Manucy, 362 So.2d 478 (Fla. 1st DCA 1978), Wills v. Sears, Roebuck and Company, 351 So.2d 29 (Fla. 1977).

Reversed and Remanded for trial on the issues.

ROBERT P. SMITH, Jr., Acting...

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