47TH STREET SERVICE STATION, INC., ETC., APPELLANT,
v.
MANNY CAMPOS, APPELLEE
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PER CURIAM.
Appellant, 47th Street Service Station, Inc., appeals the dismissal with prejudice of its complaint in an action arising from an automobile rental contract. We reverse and remand.
Appellee, Manny Campos, signed his name to an automobile rental contract where he was neither the renter nor the driver. Appellant asserts that appellee signed his name to the rental contract as a guarantor and was therefore liable for property damage when the vehicle was involved in an accident. Appellee contends that signing his name to the rental contract did not make him liable for the property damage. Material issues of fact exist concerning why appellee signed the rental contract. Where there is room for rational difference of opinion as to the existence of evidentiary facts from which an ultimate factual conclusion is sought to be established, the court should submit the case to the jury. Cashell v. Hart, 143 So. 2d 559 (Fla. 2d DCA 1962).
Accordingly, we reverse and remand.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Haas Automation, Inc. v. FOX, 156 So. 3d 505 (Fla. 3d DCA 2014)…there is room for rational difference of opinion as to the existence of evi-dentiary facts from which an ultimate factual conclusion is sought to be established, the court should submit the case to the jury.” 47th St. Serv. Station, Inc. v. Campos, 595 So. 2d 229, 230 (Fla. 3d DCA 1992). Accordingly, we reverse the entry of summary judgment in favor of the Appel-lees. REVERSED AND REMANDED.…
Authorities Cited
- Cashell v. Hart, 143 So. 2d 559 (Fla. 2d DCA 1962)