MARKHAM v. THOMPSON

No. 78-776.

368 So.2d 957 (1979)

Ronald MARKHAM, Appellant, v. Lester W. THOMPSON, Appellee.

District Court of Appeal of Florida, Third District.

March 27, 1979.


Attorney(s) appearing for the Case

Ainslee R. Ferdie, George Persandi, Coral Gables, for appellant.

Sams, Anderson, Gerstein & Ward, Miami, Roger A. Bridges, Coral Gables, for appellee.

Before HENDRY, HUBBART and KEHOE, JJ.


KEHOE, Judge.

Appellant, defendant below, brings this appeal from a final summary judgment entered by the trial court in favor of appellee, plaintiff below, in his suit on an assignment contract. We reverse.

Our review of the record in this cause reveals, as urged by appellant, that at the time the trial court entered its final summary judgment in favor of appellee there existed justiciable questions of fact in regard to the issue of rescission and that the...

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