Opinion
No. 92-2139.
April 6, 1993.
An Appeal from the Circuit Court for Dade County, Philip Bloom, Judge.
Spencer Klein and Jose M. Companioni, Miami, for appellants.
Stroock Stroock Lavan and David C. Pollack and Ivan J. Reich, Miami, for appellee.
Before BARKDULL, HUBBART and BASKIN, JJ.
We reverse the final summary judgment. Genuine issues of fact regarding the condition of the collateral at the time of surrender remain unresolved. See Credit Alliance Corp. v. Timmco Equip., Inc., 507 So.2d 657, 659 (Fla. 4th DCA), review denied, 518 So.2d 1274 (Fla. 1987); Carter v. Cessna Finance Corp., 498 So.2d 1319, 1320 (Fla. 4th DCA 1986). Thus, summary judgment was improper. Holl v. Talcott, 191 So.2d 40 (Fla. 1966).
Reversed and remanded.