Opinion
No. 3D04-573.
November 10, 2004.
An Appeal from the Circuit Court for Miami-Dade County, Sidney B. Shapiro, Judge.
Sheldon Zipkin, North Miami Beach, for appellant.
Robert D. Slewett, North Miami Beach, and Steven K. Schwartz, Boca Raton, for appellee.
Before LEVY, GERSTEN, and FLETCHER, JJ.
Because one or more issues of material fact exist, summary judgment was improper. See Holl v. Talcott, 191 So.2d 40 (Fla. 1966). In particular, paragraph 7 of the trial court's order and its use of equivocal language indicates issues of fact to be determined. Accordingly, we reverse the order granting summary judgment and remand for further proceedings. See Moore v. Morris, 475 So.2d 666 (Fla. 1985).
Reversed and remanded.