Upon consideration of the brief, record, and oral argument of the parties in this cause, we find there is a genuine issue as to the material facts. The granting of the summary judgment was error. Manucy v. Manucy, 362 So.2d 478 (Fla. 1st DCA 1978); Wills v. Sears, Roebuck and Company, 351 So.2d 29 (Fla. 1977). The order below is reversed and the cause remanded for a trial on the issues.