Upon consideration of the briefs, 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.