Donnell v. Industrial Fire & Casualty Insurance Co.

James Donnell, plaintiff below, appeals from a summary judgment entered in favor of the defendant-appellee Industrial Fire & Casualty Insurance Co. This is the second time that this case has been before this court following entry of a summary judgment. Again, we reverse.

The facts and procedural history of this case may be found in Donnell v. Industrial Fire & Casualty Insurance Co., 378 So.2d 1344 (Fla. 3d DCA 1980). After remand from this Court, appellee again moved for summary judgment, which was granted. From the transcript of the hearing it appears that the trial court was persuaded that…