Fitzsimmons ex rel. Fitzsimmons v. City of Pensacola

LEE, THOMAS E., Associate Judge.

This cause is before this court on the sole issue of the propriety of the trial court entering a summary judgment in favor of the defendant on the ground there was no genuine issue as to any duty on the part of the defendant to maintain in a safe condition the dock or wharf upon which the minor plaintiff was injured. It is our opinion that the court erred in granting summary judgment.

The pleadings, depositions and oral argument presented to this court have been considered in toto. Norman v. Bank of Hawthorne, Fla.App., 321 So.2d 112, “A trial court, in ruling…