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Florida District Courts of Appeal, 1998

Borowski v. Kimmins Contracting Corp.

Borowski v. Kimmins Contracting Corp.
Florida District Courts of Appeal · Decided July 10, 1998 · Altenbernd, Patterson, Whatley
713 So. 2d 1068; 1998 Fla. App. LEXIS 8162; 1998 WL 380514 (Southern Reporter, Second Series)

Borowski v. Kimmins Contracting Corp.

Opinion of the Court

PER CURIAM.

Paul Borowski appeals an order granting summary judgment in favor of Kimmins Contracting Corporation. Borowski’s cause of action is for nuisance related to a construction project. We reverse because genuine issues of material fact remain which preclude the entry of summary judgment. See Tamm v. Bradley, 696 So.2d 816 (Fla. 2d DCA 1997).

Reversed and remanded for reinstatement of Borowski’s complaint.

PATTERSON, A.C. J., and ALTENBERND and WHATLEY, JJ., concur.

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