149 So. 2d 879

John Cleveland COX, Appellant, v. Palmyra ROBERTI, Appellee.

No. 62-294.

District Court of Appeal of Florida. Third District.

Feb. 19, 1963.

James H. Nance and Kenneth L. Ry-skamp, Miami, for appellant.

Carey, Goodman, Terry, Dwyer & Austin, Miami, for appellee.

Before PEARSON, TILLMAN, C. J., and HORTON and HENDRY, JJ.

PER CURIAM.

The counterplaintiff appeals a summary final judgment for the counterdefendant on the counterclaim. The sole point presented is that the court should not have granted the summary final judgment because there was a possibility that the facts might develop an application of the doctrine of last clear chance which, if developed, would have relieved the counterplaintiff of the onus of his contributory negligence which appeared as a matter of law. An examination of the record before the trial judge reveals no basis for the possible application of the doctrine.

Affirmed.

Cox v. Roberti
149 So. 2d 879

Case Details

Name
Cox v. Roberti
Decision Date
Feb 19, 1963
Citations

149 So. 2d 879

Jurisdiction
Florida

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