259 So. 2d 534

Jesse CUMMINGS, Jr., individually and as father and administrator of the Estate of Jessica Cummings, Deceased, and as husband and Administrator of the Estate of Doris Cummings, Deceased, for the use and benefit of General Guarantee Insurance Company, Appellants, v. Jewel HINES et al.

Nos. 71-811, 71-816 to 71-818.

District Court of Appeal of Florida, Fourth District.

March 24, 1972.

*535Edna Louise Caruso, of Howell, Kirby, Montgomery, D’Aiuto, Dean & Hallowes, West Palm Beach, for appellants.

Charles M. McCarty, Orlando, for ap-pellee Morrison Assur. Co.

PER CURIAM.

The summary final entered in favor of the defendant, George Dyer, is affirmed. However, such judgment as to the remaining defendants, Jewel Hines and Morrison Assurance Company, is overly broad and premature. The record reflects critical unsettled issues touching upon liability, such as the ownership of the vehicle and insurance coverage. Therefore, the summary judgment as to these defendants was viola-tive of Rule 1.510, Florida Rules of Civil Procedure, 31 F.S.A., and.same is reversed as to the defendants, Jewel Hines and Morrison Assurance Company, and the cause is remanded for further proceedings.

Affirmed in part, reversed in part, and remanded.

WALDEN and MAGER, JJ., and WHITE, JOSEPH S., Associate Judge, concur.

Cummings v. Hines
259 So. 2d 534

Case Details

Name
Cummings v. Hines
Decision Date
Mar 24, 1972
Citations

259 So. 2d 534

Jurisdiction
Florida

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