WARREN H. WHITE AND VIRGINIA I. WHITE, APPELLANTS,
v.
ARTHUR W. KIRLEW AND DOLSIE KIRLEW, APPELLEES
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PER CURIAM.
This is a suit for rescission of a sales contract concerning residential property. The buyers alleged that the sellers were guilty of misrepresenting that the house was concrete block construction when in fact it was stucco frame construction.
We reverse the final summary judgment entered in favor of the buyers because there were material issues of fact which stood in the way of a judgment being entered as a matter of law. Those issues include whether the sellers knew that the buyers only wanted a concrete house, whether they knew that their agent stated in the listing, and told the buyers, that their house was concrete, and whether they knew that their house was not concrete. We reverse and remand for further proceedings consistent herewith.
GUNTHER and GARRETT, JJ., and WALDEN,' JAMES H„ (Retired), Associate Judge, concur.
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Benitez v. Diaz, 696 So. 2d 524 (Fla. 3d DCA 1997)…states that a refrigerator and stove were transferred to the Buyers. In light of these disputed issues of material fact, we cannot agree that, as a matter of law, the Buyers were entitled to the entry of Final Summary Judgment.1 See White v. Kirlew, 574 So. 2d 258 (Fla. 4th DCA 1991); Depp v. Runyan, 468 So. 2d 486 (Fla. 2d DCA 1985); Marco Surfside, Inc. v. Velez, 438 So. 2d 911 (Fla. 3d DCA 1983). Further, we find that this action is to be tried in the County Court upon remand because: (1) the action for s…