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BYAM v. KLOPCICH

No. 82-376.

454 So.2d 720 (1984)

George BYAM, Appellant, v. Richard KLOPCICH, Appellee.

District Court of Appeal of Florida, Fourth District.

August 15, 1984.

Attorney(s) appearing for the Case

I. Jeffrey Pheterson of Vassallo, Pheterson & Sack, P.A., Lake Worth, for appellant.

Lee B. Sayler of Girvin & Sayler, Jupiter, for appellee.

OPINION ON REHEARING

ANSTEAD, Chief Judge.

We grant rehearing, withdraw our previous opinion, and now reverse the summary judgment entered below relying on the same reasoning applied in the recent decision of the Second District in Gulf Solar, Inc. v. Westfall, 447 So.2d 363 (Fla. 2d DCA 1984).

We, of course, in reviewing the grant of a summary judgment, must construe the facts and inferences based thereon...

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