Money v. Noonan Construction Co.

CARROLL, DONALD K., Acting Chief Judge.

The plaintiffs in a negligence action have appealed from a summary judgment for the defendant entered by the Circuit Court for Santa Rosa County.

The basic question presented for our determination in this appeal is whether, in the light of the evidence adduced by the parties at the hearing on the defendant’s said motion, there existed a genuine issue as to a material fact, which issue would preclude the entry of a summary judgment under our procedural rules.

The key provision of Rule 1.510, Florida Rules of Civil Procedure, 31 F.S.A., governing the entry…