Florida District Courts of Appeal, 2004

Capazzi v. Goldberg

Capazzi v. Goldberg
Florida District Courts of Appeal · Decided November 10, 2004 · Fletcher, Gersten, Levy
885 So. 2d 1039; 2004 Fla. App. LEXIS 17077; 2004 WL 2534296 (Southern Reporter, Second Series)

Capazzi v. Goldberg

Opinion of the Court

PER CURIAM.

Because one or more issues of material fact exist, summary judgment was improper. See Holl v. Talcott, 191 So.2d 40 (Fla. 1966). In particular, paragraph 7 of the trial court’s order and its use of equivocal language indicates issues of fact to be determined. Accordingly, we reverse the order granting summary judgment and remand for further proceedings. See Moore v. Morris, 475 So.2d 666 (Fla. 1985).

Reversed and remanded.

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