Good Wear Tire Co. v. Robbins Tire & Rubber Co. (377 So. 2d 769, 1979)

PER CURIAM.

Affirmed. Webber v. Brickley, 239 So.2d 633 (Fla.3d DCA 1970) and Riley v. Gustinger, 235 So.2d 364 (Fla.3d DCA 1970).

PEARSON, Judge,

dissenting in part.

The order appealed is a summary final judgment. It is my view that there was a genuine issue of fact on the complaint and answer after the trial judge struck the counterclaim and affirmative defenses. I would remand for trial of the claim and answer.