Thrasherv.Stingone

District Court of Appeal of Florida, Third DistrictSep 8, 1992
602 So. 2d 965 (Fla. Dist. Ct. App. 1992)

No. 91-02473.

June 16, 1992. Rehearing Denied September 8, 1992.

An Appeal from the Circuit Court of Dade County; Robert P. Kaye, Judge.

Paul Sack and Jay M. Levy, Miami, for appellant.

Wolpe, Leibowitz, Berger Brotman and Steven R. Berger, Miami, for appellees.

Before NESBITT, FERGUSON and GODERICH, JJ.


The plaintiff below, Wilbert Thrasher, appeals from an adverse final summary judgment entered in favor of the defendants below, Dominick Stingone [Stingone] and Food Depot d/b/a Redland Holdings [Food Depot]. We reverse and remand for further proceedings.

The trial court erred in granting the defendants' motion for summary judgment where there are genuine issues of material fact. Holl v. Talcott, 191 So.2d 40 (Fla. 1966); Weinberger v. City of West Miami, 578 So.2d 897 (Fla. 3d DCA 1991); Eagle Nat'l Bank of Miami v. Burks, 502 So.2d 69 (Fla. 3d DCA 1987). Accordingly, the final summary judgment is reversed and this cause is remanded for further proceedings.

Reversed and remanded.