SQUITIERI v. AETNA CASUALTY & SURETY CO.

No. 00-486/T1-149.

382 So.2d 730 (1980)

Grace Evelyn SQUITIERI and Paul T. Squitieri, Her Husband, Appellant, v. AETNA CASUALTY & SURETY COMPANY, etc., et al., Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied April 29, 1980.


Attorney(s) appearing for the Case

Karl O. Koepke and Gary E. Doane, Orlando, for appellant.

Noah C. McKinnon, Jr., of Coble, McKinnon, Rothert, Bohner, Barkin & Godbee, P.A., Daytona Beach, for appellees, Dipo and Renu Sani.

No appearance for appellee, Aetna Cas. & Sur. Co.


DAUKSCH, Chief Judge.

In this appeal from a summary final judgment appellant has demonstrated there were genuine issues of material fact which were decided by the trial judge when he entered the judgment. If a trial judge determines the evidence to be insufficient to support a verdict, the appellee is entitled to a directed verdict or a judgment n.o.v. However, this determination cannot be made by summary judgment, where all questions of fact must be resolved in favor...

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