Opinion
No. 70-612.
June 22, 1971.
Appeal from the Circuit Court for Dade County, Milton A. Friedman, J.
Hansford D. Tyler, Jr., Miami, for appellant.
Myers, Kaplan, Porter, Levinson Kenin and Thomas R. Spencer, Jr., Miami, for appellee.
Before PEARSON, C.J., and CHARLES CARROLL and HENDRY, JJ.
Appellant-defendant Sylvia Silvers seeks review of a final summary judgment and amended final summary judgment entered in an action for damages for breach of an orally modified written brokerage contract concerning sale of stock. The action was brought by appellee-plaintiff Martin Blumenthal, the broker.
It is not necessary for us to set forth the facts, many of which are undisputed. We have reviewed the record and briefs. We are of the view, and so hold, that there are genuine issues of material fact concerning the terms and validity of the subsequent oral modification of the written brokerage contract.
Therefore, it was improper to enter a summary judgment, and the order herein is reversed and the cause remanded for further proceedings.
Reversed and remanded.