Opinion
No. 83-92.
February 14, 1984.
Appeal from Circuit Court, Dade County; George Orr, Judge.
Shutts Bowen and Phillip G. Newcomm and Karen H. Curtis, Miami, for appellant.
Podhurst, Orseck, Parks, Josefsberg, Eaton, Meadow Olin and Joel S. Perwin, Sams, Gerstein, Ward, Newman Beckham and Frank Newman, Miami, for appellees.
Before NESBITT, DANIEL S. PEARSON and FERGUSON, JJ.
On examination of the record, we find that the movant failed to demonstrate conclusively an absence of genuine issues of fact as to any material issue; summary judgment was therefore inappropriate. See Hopkins v. Gibson Furniture, Inc., 312 So.2d 499 (Fla. 2d DCA 1975). Genuine issues of fact may arise even on undisputed facts where different inferences may reasonably be drawn therefrom. Dawson v. Scheben, 351 So.2d 367 (Fla. 4th DCA 1977); Benson v. Atwood, 177 So.2d 380 (Fla. 1st DCA 1965).
Reversed and remanded.