District Court of Appeal of Florida May 28, 1963, No. 62-725 (Fleming v. Smart)

PER CURIAM.

The appellant, plaintiff below, appeals an adverse final summary judgment. The question involved here is whether or not the appellant was a guest passenger within the purview of § 320.59, Fla.Stat., F.S.A.

The facts, which appear to be without •material conflict, are that the appellant and appellee were proceeding from a cafe, intending to ultimately attend a church sale.