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DIVERSIFIED PRODUCTS CORP. v. FAXON

No. 87-697.

514 So.2d 1161 (1987)

DIVERSIFIED PRODUCTS CORPORATION, Appellant, v. Robert L. FAXON, Appellee.

District Court of Appeal of Florida, First District.

November 6, 1987.

Attorney(s) appearing for the Case

Edward P. Nickinson, III, and Linda L. Nobles, of Carlton, Fields, Ward, Emmanuel, Smith, Cutler & Kent, P.A., Pensacola, for appellant.

Robert J. Mayes and Charles J. Kahn, Jr., of Levin, Warfield, Middlebrooks, Mabie, Thomas, Mayes & Mitchell, P.A., Pensacola, for appellee.

SHIVERS, Judge.

Defendant/appellant, Diversified Products Corporation, appeals the entry of a partial summary judgment in favor of plaintiff/appellee, Robert L. Faxon. We reverse and remand for further proceedings.

The record indicates that plaintiff Faxon filed a three-count complaint against Diversified Products, the manufacturer of an exercise machine owned by Faxon, alleging negligence, breach of implied warranty of merchantability, and strict liability...

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