Opinion
No. 77-2429.
April 10, 1978. Rehearing Denied May 18, 1978.
Appeal from the Broward County Circuit Court, Franklin A. Orlando, J.
Max Schorr of Stierer, Parker Schorr, West Palm Beach, for appellant.
Stephen M. Bell, P.A., Plantation, for appellee.
This is an appeal from a summary judgment. Because Appellant filed an affidavit raising a factual issue as to whether he was given notice in a foreign proceeding, the court was in error in giving full faith and credit to the foreign judgment by these summary proceedings. Reichert v. Appel, 74 So.2d 674 (Fla. 1954); Griffin v. Griffin, 327 U.S. 220, 66 S.Ct. 556, 90 L.Ed. 635 (1946).
Reversed and remanded for further proceedings not inconsistent herewith.
ALDERMAN, C.J., and ANSTEAD, J., concur.