344 So. 2d 316

Thomas PEREGO et al., Appellants, v. John Spencer ROBINSON and Robert L. Hannah, Appellees.

No. BB-20.

District Court of Appeal of Florida, First District.

April 13, 1977.

Joseph De Gance of Jansen & De Gance, Fort Lauderdale, for appellants.

Richard R. Whitson of Robinson, Whitson & Lauderback, Daytona Beach, for appel-lees.

PER CURIAM.

It is axiomatic that by summary judgment a trial court may not resolve issues of material fact and that summary judgment may not be used as a substitute for trial. The rules applicable to entry of summary *317judgment have been repeatedly recited in prior opinions of this court and nothing will be added to the jurisprudence of the State of Florida by repetition. (See Connell v. Sledge, 306 So.2d 194 (Fla. 1st DCA 1975), cert. dism. 336 So.2d 105 (Fla.1976); Forrest v. Carter, 308 So.2d 141 (Fla. 1st DCA 1975) and Burlingham v. Allen, 317 So.2d 781 (Fla. 1st DCA 1975).

REVERSED.

BOYER, C. J., and McCORD, J., concur.

RAWLS, J., dissents.

Perego v. Robinson
344 So. 2d 316

Case Details

Name
Perego v. Robinson
Decision Date
Apr 13, 1977
Citations

344 So. 2d 316

Jurisdiction
Florida

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