WYMAN v. ROBBINS

No. BT-60.

513 So.2d 230 (1987)

Larry WYMAN, Appellant, v. Richard ROBBINS, and Ann Robbins, His Wife, Appellees.

District Court of Appeal of Florida, First District.

September 29, 1987.


Attorney(s) appearing for the Case

John R. Darin, II, of Cameron, Marriott, Walsh & Hodges, Orlando, for appellant.

Jerry W. Gerde, Panama City, for appellees.


MILLS, Judge.

Appellees, Richard and Ann Robbins, sued appellant, Larry Wyman, for trespass. They alleged that Wyman, who operated a tree removal business, cut trees on their property "without knowledge or approval or authorization from the plaintiffs." In his answer to the complaint, the only affirmative defense Wyman raised was contributory negligence.

The Robbins moved for summary judgment as to liability, at which time Wyman filed an affidavit in opposition...

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