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Busbee-Bailey Tomato Co. v. Bailey
463 So. 2d 1255
Fla. Dist. Ct. App.
1985
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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), *1256and 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, to be determined by the trial court.

Summary judgment is set aside and the cause remanded.

BOOTH and SHIVERS, JJ., and TILLMAN PEARSON (Ret.), Associate Judge, concur.

Case Details

Case Name: Busbee-Bailey Tomato Co. v. Bailey
Court Name: District Court of Appeal of Florida
Date Published: Feb 27, 1985
Citation: 463 So. 2d 1255
Docket Number: No. AX-484
Court Abbreviation: Fla. Dist. Ct. App.
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