Transworld Garments v. Guardian Prop

Full title: TRANSWORLD GARMENTS, INC., A FLORIDA CORPORATION, APPELLANT, v. GUARDIAN…

Court: District Court of Appeal of Florida, Third District

Date published: Sep 21, 1993

622 So. 2d 1046 (Fla. Dist. Ct. App. 1993)

Opinion

No. 92-2678.

July 27, 1993. Rehearing Denied September 21, 1993.

An Appeal from the Circuit Court of Dade County; Harold Solomon, Judge.

Ronald B. Gilbert, Miami, for appellant.

Bernstein Chackman and Steven J. Chackman, Hollywood, for appellees.

Before SCHWARTZ, C.J., and JORGENSON and LEVY, JJ.

PER CURIAM.

In view of the fact that the record reflects the existence of a material disputed issue of fact, the trial court was in error in granting the motion for summary judgment. Holl v. Talcott, 191 So.2d 40 (Fla. 1966); Baad v. Security Insurance Company of Hartford, 606 So.2d 451 (Fla. 3d DCA 1992). Accordingly, the said summary judgment is reversed and this cause is remanded for further proceedings.

Reversed and remanded.