Hopkins v. Zipp Sporting Goods, Inc.

Full title: WILLIAM J. HOPKINS, APPELLANT, v. ZIPP SPORTING GOODS, INC., A FLORIDA…

Court: District Court of Appeal of Florida, Third District

Date published: Apr 20, 1976

330 So. 2d 190 (Fla. Dist. Ct. App. 1976)

Opinion

No. 75-1104.

April 20, 1976.

Appeal from Circuit Court, Dade County; Francis X. Knuck, Judge.

Alexander L. Martone, Miami, for appellant.

Smith, Mandler, Smith, Parker Werner, Miami Beach, and Patricia M. Silver, Miami Beach, Joe N. Unger, Miami, for appellee.

Before BARKDULL, C.J., and PEARSON, J., and CHARLES CARROLL, (Ret.) Associate Judge.

PER CURIAM.

Affirmed. See Whetzel v. Metropolitan Life Insurance Company, Fla.App. 1972, 266 So.2d 89, which holds that a question of law is presented under the facts of this case. In our judgment, the question of law was correctly determined by the trial judge upon the basis of the law as stated in Manis v. Miller, Fla.App. 1976, 327 So.2d 117.