GOLDWYN CHRISTENSSON AND ELAINE CHRISTENSSON, MS WIFE, APPELLANTS,
v.
ROBERT PLOTNER, APPELLEE

Fla. 3d DCA | 1979-04-10
Nos. 78-932, 78-955 and 79-324
Before HENDRY and KEHOE, JJ., and SCHULZ, GEORGE E. (Ret.) Associate Judge.
369 So. 2d 438 Florida District Court of Appeal, Third District (1979) Positive Treatment
Cited by 3 cases
Opinion of the Court
KEHOE, Judge.

KEHOE, Judge.

Appellants, plaintiffs below, bring this appeal from an adverse final summary judgment entered by the trial court, in an automobile accident case, in favor of appel-lee, defendant below, on the issue of liability and appellee’s counterclaim. We reverse for the reason that at the time the final summary judgment was entered there existed genuine issues of material facts which were not resolved by the pleadings, etc. Under these circumstances, pursuant to Florida Rule Civil Procedure 1.510, summary judgment was improperly entered. Accordingly, the final summary judgment appealed is reversed and the cause is remanded for further proceedings.

Reversed and remanded.

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