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AROLL v. ITT COMMERCIAL FINANCE CORP

No. 86-1406.

496 So.2d 1011 (1986)

Morton AROLL, Shoshana Aroll, and Vicki Drucker, Appellants, v. ITT COMMERCIAL FINANCE CORP., a Delaware Corporation, Appellee.

District Court of Appeal of Florida, Third District.

November 12, 1986.

Attorney(s) appearing for the Case

Hertzberg & Malinski and Deborah Marks, Miami, for appellants.

Zuckerman, Spaeder, Taylor & Evans and Douglas L. Roberts, Miami, for appellee.

Before BARKDULL, BASKIN and FERGUSON, JJ.

PER CURIAM.

Appellee having confessed error, we reverse the summary final judgment and remand the cause to the trial court for further proceedings. Mooney v. Integon Life Insurance Corp., 368 So.2d 957 (Fla. 3d DCA 1979).

Reversed and remanded.

BARKDULL and BASKIN, JJ., concur.

FERGUSON, Judge (concurring).

In reversing we hold that it is error to enter a summary judgment where the motion and...

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