Opinion
No. 73-414.
April 5, 1974.
Appeal from the Circuit Court, Broward County, Russell E. Seay, Jr., J.
Louis Glazer of Law Offices of Glazer Glazer, North Miami, for appellant.
Edna L. Caruso of Howell, Kirby, Montgomery, D'Aiuto, Dean Hallowes, West Palm Beach, for appellee.
Looking at the whole record and the inferences to be gained therefrom, it is our view that there were genuine issues as to material facts that stood in the way of defendant's motion for summary judgment. Rule 1.510 F.R.C.P., 31 F.S.A., Marden v. Marden, 276 So.2d 493 (4th D.C.A.Fla. 1973); Playcare, Inc. v. Battaglia, 280 So.2d 34 (4th D.C.A.Fla. 1973); Sarasota County v. Stanton Investment Co. of Missouri, 283 So.2d 152 (2d D.C.A.Fla. 1973); American Bankers Ins. Co. of Florida v. Nolan's Garage, Inc., 262 So.2d 727 (3d D.C.A.Fla. 1972); Williams v. Caterpillar Tractor Co., 149 So.2d 898 (2d D.C.A.Fla. 1963). More specifically there was an issue as to whether or not defendant's conduct of its business caused the accumulation of pollutants upon the plaintiff's premises.
Reversed and remanded for further proceedings consistent herewith.
Reversed and remanded.
OWEN, C.J., WALDEN, J., and RUDNICK, VAUGHN J., Associate Judge, concur.