R. R. (Bob) Walden v. Borden Company

This cause is before the court on direct conflict certiorari to review the decision of the District Court of Appeal, Second District, in Walden v. Borden Company, Fla.App.1969, 221 So.2d 771, affirming without opinion the trial courts summary judgment under the authority of Matheson v. Elcock, Fla.App.1965, 173 So.2d 164, cert. disch., 184 So.2d 889. We have examined the record proper, see Foley v. Weaver Drugs, Inc., Fla.1965, 177 So.2d 221, and have concluded that the trial courts judgment was improper under the well settled rule respecting the propriety of a summary judgment where there is a genuine issue of material fact. See Holl v. Talcott, Fla.1966, 191 So.2d 40 and cases cited. The decision affirming such judgment is, therefore, in direct conflict with Holl and similar cases.