Opinion
Case No. 3D00-1421
Opinion filed October 10, 2001.
An Appeal from the Circuit Court for Dade County, Thomas S. Wilson, Jr., Judge. Lower Tribunal No. 98-10960.
Silverstein, Silverstein Silverstein; Hersch Talisman and Patrice A. Talisman, for appellant.
Parenti, Falk, Waas, Hernandez Cortina and Gail Leverett Parenti, for appellee.
Before LEVY, GREEN, and FLETCHER, JJ.
In view of the fact that there were disputed issues of material fact relating to equipment in the garbage room, including the flaps on the garbage chute and the lack of an overhead cylindrical closer on the door to the garbage room, we hold that the summary judgment under review herein was improvidently entered. Accordingly, the said judgment is reversed and this cause is remanded for further proceedings consistent herewith.
Reversed.