Opinion
Case No. 3D99-3185
Opinion filed October 18, 2000. July Term, A.D. 2000
An appeal from the Circuit Court of Miami-Dade County, Jon I. Gordon, Judge; Lower Tribunal No. 97-5261.
Homer, Bonner Delgado and Jay A. Gayoso, for appellant.
James J. McNally, for appellees.
Before SCHWARTZ, C.J., and SHEVIN and RAMIREZ, JJ.
We reverse the order granting appellees summary final judgment. The record reveals that questions of material fact remain unresolved in this case regarding, inter alia, whether appellant made a material misrepresentation that increased the risk undertaken by appellees. See International Ship Repair Marine Serv., Inc. v. St. Paul Fire Marine Ins. Co., 922 F. Supp. 577 (M.D.Fla. 1996). These questions of fact are more properly resolved by a jury. Moore v. Morris, 475 So.2d 666 (Fla. 1985).
Reversed.