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BOWERS v. CITY OF MIAMI BEACH

No. 78-542.

369 So.2d 364 (1979)

Richard BOWERS, Appellant, v. The CITY OF MIAMI BEACH, Consolidated Mutual Insurance Company, Harry Hoffner, Colonial Pennsylvania Insurance Company, Arthur Godfrey Road Association, and Donald L. Chaney, D/B/a Don Display Service, Inc., Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied April 26, 1979.

Attorney(s) appearing for the Case

Kuvin, Klingensmith & Lewis and R. Fred Lewis, Coconut Grove, Cohen & Cohen, Miami Beach, for appellant.

Brumer, Moss, Cohen & Rodgers, Daniels & Hicks and Sam Daniels, Miami, for appellees.

Before SCHWARTZ, J., and CHARLES CARROLL (Ret.) and EZELL, BOYCE F., JR., (Ret.), Associate Judges.

PER CURIAM.

This appeal is from a summary judgment granted to the City of Miami Beach and its liability insurer, two of the defendants in an action brought by the appellant for damages for personal injuries.

Appellant contends, and we so hold, that the entry of summary judgment for said defendants was error, for the reason that there were presented genuine issues of material fact that properly were not subject to resolution by summary judgment. Included was...

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