LEE v. LEE

No. 93-280.

633 So.2d 1194 (1994)

Carolyn B. LEE, Appellant, v. Terri Jo LEE, Richard A. Gray, State of Florida, Department of Transportation, and Martin Paving Company, a Florida Corporation, et al., Appellees.

District Court of Appeal of Florida, Fifth District.

March 25, 1994.


Attorney(s) appearing for the Case

Linda Logan Bryan of Miller, Shine & Bryan, P.A., St. Augustine, for appellant.

Michael I. Coulson and Holly M. Gillespie of Saalfield, Catlin, Coulson & Etheridge, P.A., Jacksonville, for appellee Martin Paving Co.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Craig B. Willis, Asst. Atty. Gen., Daytona Beach, for appellee Florida Dept. of Transp.

No appearance for appellees Terri Jo Lee and Richard A. Gray, et al.


PER CURIAM.

AFFIRMED.

PETERSON and THOMPSON, JJ., concur.

W. SHARP, J., dissents with opinion.

W. SHARP, Judge, dissenting.

I respectfully disagree that summary judgment was properly granted in this case. In my view, the moving parties failed to carry their heavy burden of proof that the plaintiff, Carolyn Lee, could not show by competent evidence at trial that one or both of the two defendants, Martin Paving Company and the Florida...

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