DAVID PAUL WEINBERGER, APPELLANT,
v.
CITY OF WEST MIAMI, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1991-05-07
No. 90-2478
Before SCHWARTZ, C.J., and BASKIN and GODERICH, JJ.
578 So. 2d 897 Florida District Court of Appeal, Third District (1991) Positive Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

The plaintiff below, David Paul Wein-berger, appeals from an adverse final summary judgment entered in favor of the defendant below, the City of West Miami. We reverse and remand for further proceedings.

There are several genuine issues of material fact which preclude entry of a final summary judgment. Holl v. Talcott, 191 So. 2d 40 (Fla.1966); Eagle Nat’l Bank of Miami v. Burks, 502 So. 2d 69 (Fla. 3d DCA 1987). Accordingly, the final summary judgment is reversed, and this cause is remanded for further proceedings.

Reversed and remanded.


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  • Thrasher v. Stingone, 602 So. 2d 965 (Fla. 3d DCA 1992)
    …reverse and remand for further proceedings. The trial court erred in granting the defendants’ motion for summary judgment where there are genuine issues of material fact. Holl v. Talcott, 191 So. 2d 40 (Fla.1966); Weinberger v. City of West Miami, 578 So. 2d 897 (Fla. 3d DCA 1991); Eagle Nat’l Bank of Miami v. Burks, 502 So. 2d 69 (Fla.3d DCA 1987). Accordingly, the final summary judgment is reversed and this cause is remanded for further proceedings. Reversed and remanded.…

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