Opinion
No. 83-412.
November 9, 1983. Rehearing Denied November 22, 1983.
Appeal from the Circuit Court, Pinellas County, Fred L. Bryson, J.
John W. Williams and Jeffrey R. Fuller of Williams, Brasfield, Wertz, Fuller Lamp, St. Petersburg, for appellant.
Donald V. Bulleit of Fowler, White, Gillen, Boggs, Villareal Banker, St. Petersburg, for appellee.
This is an appeal from a final summary judgment entered in favor of appellee, a physician, on a claim of appellant Christine Spuhler.
The record reveals the existence of a genuine issue as to a material fact, namely the active negligence of appellee/defendant in the treatment and diagnosis of appellant/plaintiff. Accordingly, the summary judgment entered by the trial court against appellant is reversed. Fla.R.Civ.P. 1.510(c); Holl v. Talcott, 191 So.2d 40 (Fla. 1966).
REVERSED and REMANDED for further proceedings consistent with this opinion.
BOARDMAN, A.C.J., and RYDER and DANAHY, JJ., concur.