PAPI EXPRESS v. DOSAL TOBACCO CORP.

No. 96-197.

677 So.2d 1314 (1996)

PAPI EXPRESS, INC., Appellant, v. DOSAL TOBACCO CORP., Appellee.

District Court of Appeal of Florida, Third District.

July 31, 1996.


Attorney(s) appearing for the Case

Spiegelman and Spiegelman and Robert Spiegelman, New York City, for appellant.

Sax, Willinger & Gold and Stuart Gold, Miami, for appellee.

Before NESBITT, GREEN and SHEVIN, JJ.


SHEVIN, Judge.

Papi Express, Inc., appeals a summary final judgment entered in favor of Dosal Tobacco Corp. Papi Express agreed to deliver Dosal's goods to customers. The goods were stolen from the delivery truck. The trial court entered a summary final judgment awarding damages to Dosal. We reverse. There are genuine issues of material fact that remain unresolved.

At the outset, we disagree with the trial court's ruling that "[t]he relationship is not that...

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