MARION A. OWENS, APPELLANT,
v.
MULLEN'S INTERIORS, INCORPORATED, ETC., ET AL., APPELLEES
MARION A. OWENS, APPELLANT,
MULLEN'S INTERIORS, INCORPORATED, ETC., ET AL., APPELLEES
278 So. 2d 639
Florida District Court of Appeal, First District (1973)
Positive Treatment
Cited by 1 case
Opinion of the Court
A summary judgment in favor of the defendants-appellees is appealed here.
We have reviewed the records and briefs and carefully weighed the arguments, and we are of the opinion, and so hold that there was no legally sufficient evidence upon which a jury could have found the defendants guilty of any negligent acts which constituted even reasonable inferences of negligence on the part of the defendants. In fact, from the evidence before the trial court, it more strongly appears that the plaintiff-appellant was guilty of negligence which was the proximate cause of his injuries.
Therefore, the judgment is affirmed.
CARROLL, DONALD K., Acting C. J., and RAWLS and JOHNSON, JJ., concur.
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Warriner v. Ramirez, 280 So. 2d 4 (Fla. 3d DCA 1973)…t did not make an alternative ruling on the motion for new trial as she did in Cunningham v. Romano, Fla.App.1973, 278 So. 2d 631, (opinion filed April 10, 1973; opinion on rehearing filed June 5, 1973). . Kirchheiner v. Kirchheiner, Fla.App. 1973, 278 So. 2d 639, (opinion filed June 5, 1973).…