Simko v. P.V.M. Associates, Inc.

Full title: JOHN SIMKO, APPELLANT, v. P.V.M. ASSOCIATES, INC., D/B/A THE CENTER AT…

Court: District Court of Appeal of Florida, Fourth District

Date published: Jun 15, 1988

526 So. 2d 218 (Fla. Dist. Ct. App. 1988)

Opinion

No. 4-86-3099.

June 15, 1988.

Appeal from the Circuit Court for Palm Beach County; W.C. Williams, III, Judge.

Alan D. Sackrin of Klein Tannen, P.A., North Miami Beach, for appellant.

Debra J. Snow and Robert M. Klein of Stephens, Lynn, Chernay Klein, Miami, for appellee.

PER CURIAM.

We reverse the entry of summary judgment for the appellee because we do not believe the evidence has been sufficiently developed to determine whether the appellee is entitled to immunity under the line of cases exemplified by Booher v. Pepperidge Farm, Inc., 468 So.2d 985 (Fla. 1985), or barred from asserting such immunity under the line of cases exemplified by Noel v. E. Ecker Co., 445 So.2d 1142 (Fla. 4th DCA 1984).

ANSTEAD, GLICKSTEIN and GUNTHER, JJ., concur.