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885 So. 2d 1039

Capazzi v. Goldberg

District Court of Appeal of Florida

Decided November 10, 2004

District Court of Appeal of Florida · decided 2004-11-10

Relies on Gory Roofing Tile Manufacturing, Inc. v. Davison · 475 So. 2d 666 - Moore v. Morris

Decided 2004-11-10

PER CURIAM.

¶1Because 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).

¶2Reversed and remanded.

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