BUSBEE-BAILEY TOMATO CO. v. BAILEY

No. AX-484.

463 So.2d 1255 (1985)

BUSBEE-BAILEY TOMATO CO., INC., Appellant, v. Grover J. BAILEY and Ethel F. Bailey, Appellees.

District Court of Appeal of Florida, First District.

February 27, 1985.


Attorney(s) appearing for the Case

William V. Linne of Carlton, Fields, Ward, Emmanuel, Smith & Cutler, Pensacola, for appellant.

Mark J. Proctor and D.L. Middlebrooks of Levin, Warfield, Middlebrooks, Mabie, Thomas, Mayes & Mitchell, Pensacola, for appellees.


PER CURIAM.

We set aside the summary judgment on the authority of Fish Carburetor Corporation v. Great American Insurance Company, 125 So.2d 889 (Fla. 1st DCA 1961), and Howarth Trust v. Howarth, 310 So.2d 57 (Fla. 1st DCA 1975), and remand for further proceedings consistent herewith, including the taking of additional testimony, if any...

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