Opinion
No. 4D99-3164.
Opinion filed May 3, 2000.
Appeal and cross-appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Robert Lance Andrews, Judge; L.T. No. 98-1094-09.
Lawrence S. Ben of Chikovsky, Ben Schafer, Hollywood, for appellants/cross-appellees.
John W. Stevens, III and Robert L. Jennings of Jennings Valancy, P.A., Fort Lauderdale, for appellees/cross-appellants.
ZK Yacht Sales and Alan Charlap appeal from the summary judgment entered in favor of Advanced Marketing Systems Corporation and Douglas Pierce, plaintiffs in the trial court. We find that the deposition of Charlap filed with the trial court raises issues of fact material to the plaintiffs' action for breach of contract.Holl v. Talcott, 191 So.2d 40 (Fla. 1966). We reverse the summary judgment and remand for further proceedings.
REVERSED AND REMANDED.
KLEIN, TAYLOR and HAZOURI, JJ., concur.