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Wilsen v. Lesser

District Court of Appeal of Florida, Third District
Jul 26, 1983
434 So. 2d 1033 (Fla. Dist. Ct. App. 1983)

Opinion

No. 82-898.

July 26, 1983.

Appeal from the Circuit Court, Dade County, Leonard Rivkind, J.

Frates Novey and William Snow Frates and Alberto J. Mora, Miami, for appellants.

Talburt, Kubicki Bradley and Betsey E. Hartley, Robert F. Bouchard and Jon Derrevere, Miami, for appellees.

Before SCHWARTZ, C.J., and HENDRY and JORGENSON, JJ.


This appeal questions the correctness of a summary final judgment rendered in favor of appellees in an action for personal injuries sustained by appellants when an automobile titled in the name of appellee Lesser's eighteen year old daughter and being driven by her friend ran into the rear of appellants' automobile and injured Mr. Wilsen.

The action was brought against Mr. Lesser on the theory that he bought the automobile for his daughter, who resided at home with her parents, and that he exercised some control over its operation.

We have carefully examined the record on appeal and have determined that it conclusively establishes the absence of any genuine triable issue of material fact and that appellees were entitled to judgment as a matter of law. The judgment appealed is accordingly affirmed.

Affirmed.


Summaries of

Wilsen v. Lesser

District Court of Appeal of Florida, Third District
Jul 26, 1983
434 So. 2d 1033 (Fla. Dist. Ct. App. 1983)
Case details for

Wilsen v. Lesser

Case Details

Full title:OSCAR WILSEN AND AMELIA CHUECA WILSEN, APPELLANTS, v. MELVIN M. LESSER AND…

Court:District Court of Appeal of Florida, Third District

Date published: Jul 26, 1983

Citations

434 So. 2d 1033 (Fla. Dist. Ct. App. 1983)

Citing Cases

Lambert v. Emerson

Id. at 65. Citing favorably to the Third District's Wilsen v. Lesser, 434 So. 2d 1033 (Fla. 3d DCA 1983),…

Aurbach v. Gallina

In fact, in a case with similar factual circumstances to Aurbach, the Third District rejected such an…