Opinion
No. 87-2875.
December 6, 1988.
An Appeal from the Circuit Court for Dade County; Jack M. Turner, Judge.
Spencer, Bernstein, Seemann Klein and Thomas R. Spencer, Miami, for appellant.
John J. O'Day, Jr. and Richard Suarez, Miami, for appellee.
Before SCHWARTZ, C.J., HUBBART, J., and E. EARLE ZEHMER, Associate Judge.
In our view, the record reveals a genuine issue of material fact as to whether the defendant-seller knew, but failed to inform the appellant purchaser of a seriously defective condition of the home in question. See Johnson v. Davis, 480 So.2d 625 (Fla. 1985). Accordingly, the summary judgment under review is reversed.