Florida District Courts of Appeal, 1992

Garrido v. Burger King Corp.

Garrido v. Burger King Corp.
Florida District Courts of Appeal · Decided October 20, 1992 · Goderich, Jorgenson, Levy
605 So. 2d 1026; 1992 Fla. App. LEXIS 11067; 1992 WL 296035 (Southern Reporter, Second Series)

Garrido v. Burger King Corp.

Opinion of the Court

PER CURIAM.

The record reflects the existence of a material question of fact relating to the “novelty” issue, and accordingly, the trial court was in error in granting the appel-lee’s motion for summary judgment. See *1027Florida East Coast Railway Co. v. Metropolitan Dade County, 438 So.2d 978 (Fla. 3d DCA 1983). As a result thereof, the summary judgment entered by the trial court must be reversed, with this cause thereafter proceeding to trial.

Reversed and remanded.

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