District Court of Appeal of Florida

In a negligence action, summary judgment for defendants and denial plaintiffs' motion for disqualification of the trial judge are reversed in part as to the grant of summary judgment where the trial court erred in determining that the sudden emergency doctrine applied as a matter of law since genuine issues of material fact existed regarding whether defendant acted with reasonable diligence after he was confronted with the sudden emergency.

Appellate Information

• Decided 12/18/2006
• Published 12/19/2006

Judges

• PER CURIAM.

Court

• District Court of Appeal of Florida

Counsel

• For Appellant:
  
• Robert Fraser and Daniel F. Pilka of Pilka & Associates, P.A., Brandon, for Appellants.


• For Appellees:
  
• Christopher H. McElroy and Michael J. Poché of Allen, Kopet & Associates PLLC, Tallahassee, for Appellees.