GF Co. v. First National Bank of the Florida Keys

Full title: GF COMPANY, APPELLANT, v. FIRST NATIONAL BANK OF THE FLORIDA KEYS, APPELLEE

Court: District Court of Appeal of Florida, Third District

Date published: Oct 26, 1993

625 So. 2d 144 (Fla. Dist. Ct. App. 1993)

Opinion

No. 92-2356.

October 26, 1993.

An Appeal from the Circuit Court for Monroe County; Richard G. Payne, Judge.

Coffey, Aragon, Martin Burlington and Jeffrey B. Crockett and Carla M. Barrow, Miami, for appellant.

Frigola, DeVane, Wright Dorl and Alfred K. Frigola, Marathon, for appellee.

Before SCHWARTZ, C.J., and BARKDULL and FERGUSON, JJ.

PER CURIAM.

There being triable issues of material fact, it was error for the trial court to enter a summary judgment. Worley v. Sheffield, 538 So.2d 91 (Fla. 1st DCA 1989); Locke v. State Farm Fire and Casualty Co., 509 So.2d 1375 (Fla. 1st DCA 1987); City of Brooksville v. Hernando County, 424 So.2d 846 (Fla. 5th DCA 1982). Therefore, the summary judgment under review is reversed and the matter is returned to the trial court for further proceedings.

Reversed and remanded with directions.