LANZER v. WANDLESS

No. 83-1335.

460 So.2d 1016 (1984)

John Andrew LANZER, Etc., et al., Appellants, v. James WANDLESS, Etc., et al., Appellees.

District Court of Appeal of Florida, Fifth District.

December 27, 1984.


Attorney(s) appearing for the Case

Sammy Cacciatore, Ronald G. Duryea and John N. Hamilton, of Nance, Cacciatore & Sisserson, P.A., Melbourne, for appellants.

Douglas H. Glicken of Haas, Boehm, Brown, Rigdon & Seacrest, P.A., Orlando, for appellees.


PER CURIAM.

Upon consideration of the briefs and record on appeal, we find that construing all the evidence most favorable to appellants, genuine issues of material fact do exist which must be resolved by a jury. Therefore, the lower court erred in holding that appellee Misch was entitled to judgment as a matter of law. Holl v. Talcott, 191 So.2d 40 (Fla. 1966); Squitieri v. Aetna Casualty & Surety Co.,

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