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RUSK v. McDURHAM

No. NN-94.

374 So.2d 1119 (1979)

Allen RUSK, a Minor by His Next Friend, Sam Rusk, and Sam Rusk and Dorothy Rusk, Individually, Appellants, v. John H. McDURHAM and Stonewall Insurance Company, a Corporation, Appellees.

District Court of Appeal of Florida, First District.

September 7, 1979.

Attorney(s) appearing for the Case

John F. Cuddy of Spinner, Hart & Cuddy, P.A., Jacksonville, for appellants.

Charles T. Boyd, Jr., of Boyd, Jenerette, Leemis & Staas, P.A., Jacksonville, for appellees.

PER CURIAM.

Upon consideration of the brief, record, and oral argument of the parties in this cause, we find there is a genuine issue as to the material facts. 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). The order below is reversed and the cause remanded for a trial...

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