Opinion
Nos. 78-932, 78-955 and 79-324.
April 10, 1979.
Appeals from Circuit Court, Dade County; George Orr, Judge.
Ezzo, Garel Saylor and Arthur M. Garel; Talburt, Kubicki Bradley, Miami, for appellants.
Kuvin, Klingensmith Lewis and R. Fred Lewis, Coconut Grove, for appellee.
Before HENDRY and KEHOE, JJ., and SCHULZ, GEORGE E. (Ret.) Associate Judge.
Appellants, plaintiffs below, bring this appeal from an adverse final summary judgment entered by the trial court, in an automobile accident case, in favor of appellee, defendant below, on the issue of liability and appellee's counterclaim. We reverse for the reason that at the time the final summary judgment was entered there existed genuine issues of material facts which were not resolved by the pleadings, etc. Under these circumstances, pursuant to Florida Rule Civil Procedure 1.510, summary judgment was improperly entered. Accordingly, the final summary judgment appealed is reversed and the cause is remanded for further proceedings.
Reversed and remanded.