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GOOD WEAR TIRE CO. v. ROBBINS TIRE & RUBBER

No. 79-157.

377 So.2d 769 (1979)

GOOD WEAR TIRE COMPANY, INC., Appellant, v. ROBBINS TIRE & RUBBER COMPANY, INC., Appellee.

District Court of Appeal of Florida, Third District.

December 4, 1979.

Attorney(s) appearing for the Case

Lewis W. Miles, II, Miami, for appellant.

Friedman & Britton and Leo Adderly, Miami, for appellee.

Before PEARSON, HENDRY and HUBBART, JJ.

PER CURIAM.

Affirmed. Webber v. Brickley, 239 So.2d 633 (Fla.3d DCA 1970) and Riley v. Gustinger, 235 So.2d 364 (Fla.3d DCA 1970).

PEARSON, Judge, dissenting in part.

The order appealed is a summary final judgment. It is my view that there was a genuine issue of fact on the complaint and answer after the trial judge struck the counterclaim and affirmative defenses...

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