Bermudez v. City of Coral Gables

Full title: NELSON BERMUDEZ, APPELLANT, v. CITY OF CORAL GABLES, APPELLEE

Court: District Court of Appeal of Florida, Third District

Date published: Jan 24, 1992

590 So. 2d 1124 (Fla. Dist. Ct. App. 1992)

Opinion

No. 91-739.

December 31, 1991. Rehearing Denied January 24, 1992.

An Appeal from the Circuit Court for Dade County, Robert H. Newman, Judge.

Lawrence E. Major and Leslie C. Elrod, Miami, for appellant.

Zack, Hanzman, Ponce Tucker and Leonel R. Benitez, Miami, for appellee.

Before SCHWARTZ, C.J., and BASKIN and GODERICH, JJ.

PER CURIAM.

Nelson Bermudez appeals a summary final judgment in favor of defendant, City of Coral Gables. We hold that summary final judgment was improper: genuine issues of material fact remain unresolved. Moore v. Morris, 475 So.2d 666 (Fla. 1985); Holl v. Talcott, 191 So.2d 40 (Fla. 1966). The summary final judgment is reversed, and the cause is remanded.

Reversed and remanded.