¶1*148In re Boe, John; — Plaintiff; Applying for Writ of Certiorari and/or Review, Parish of Orleans, Civil District Court Div. J, No. 04-7060; to the Court of Appeal, Fourth Circuit, No. 2005-CA-1173.
¶2Writ granted. The lower court’s judgment is reversed. There are material issues of fact that preclude summary judgment. The case is remanded to the trial court for further proceedings.