Opinion
No. 76-2169.
February 14, 1978. Rehearing Denied March 22, 1978.
Appeal from Circuit Court, Dade County; Jack M. Turner, Judge.
Lane Lane, Miami, for appellant.
Bond Woitesek and William E. Davis, Miami, for appellees.
Before HAVERFIELD, C.J., and HENDRY, J., and DREW, E. HARRIS (Ret.), Associate Judge.
This is an appeal by the defendant and a cross-appeal by the plaintiffs as to damages from a summary final judgment entered by the trial court for the plaintiffs in an action by the plaintiffs against the defendant wherein it was alleged that the defendant breached the terms of a deposit receipt agreement executed by the parties in connection with the purchase and sale of a coin laundry.
The record on appeal discloses that there are genuine issues of fact which have not been eliminated by the movants for summary judgment.
Reversed and remanded for further proceedings as to the issues of liability and damages.
Reversed.