Helen E. Wills and Howard A. Wills v. Sears

This cause is before us on petition for writ of certiorari to review a decision of the District Court of Appeal, Third District, reported at 336 So.2d 1190, which affirmed per curiam without opinion an order of the trial court granting summary judgment to respondent, Sears, Roebuck & Company. The present decision is alleged to be in conflict with Visingardi v. Tirone, 193 So.2d 601 (Fla. 1966), Holl v. Talcott, 191 So.2d 40 (Fla. 1966), and other decisions setting forth the law applicable to summary judgment, which states that grant of summary judgment is improper if there is any genuine issue as to material fact. Because the record proper in this cause reflects conflict in decision between this case and those cited, we have jurisdiction. Foley v. Weaver Drugs, Inc., 177 So.2d 221 (Fla. 1965); Article V, Section 3(b)(3), Florida Constitution.