Opinion
No. 92-595.
October 20, 1992.
An Appeal from the Circuit Court of Dade County, Phillip W. Knight, Judge.
Bailey Hunt Jones Busto and Mercedes C. Busto, Miami, and Scott L. Cagan, New York City, for appellants.
Angones, Hunter, McClure, Lynch Williams and Francisco R. Angones, Miami, Breed, Abbot Morgan and Stephen R. Lang and Brian L. Sullivan, New York City, for appellees.
Before JORGENSON, LEVY and GODERICH, JJ.
The record reflects the existence of a material question of fact relating to the "novelty" issue, and accordingly, the trial court was in error in granting the appellee's motion for summary judgment. See Florida East Coast Railway Co. v. Metropolitan Dade County, 438 So.2d 978 (Fla. 3d DCA 1983). As a result thereof, the summary judgment entered by the trial court must be reversed, with this cause thereafter proceeding to trial.
Reversed and remanded.