Opinion
No. 83-116.
February 1, 1984.
Appeal from Circuit Court, Broward County; Otis Farrington, Judge.
Robert A. Plafsky of Ruden, Barnett, McClosky, Schuster Russell, P.A., Fort Lauderdale, for appellants.
Karen B. Bernstein of Blank, Rome, Comisky McCauley, Miami, for appellee Bank of Florida in South Florida.
REVERSED. Upon review of the record we conclude that an issue of material fact does exist as to the appellee bank's alleged responsibility for the appellants' inability to timely meet their obligations under the mortgage instrument sued upon. Accordingly, the entry of summary judgment was error.
ANSTEAD, C.J., and BERANEK and WALDEN, JJ., concur.