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WESTPHAL v. MORROW

No. 4-86-2975.

531 So.2d 731 (1988)

Rudolph J. WESTPHAL, Appellant, v. Charles MORROW, Jr., Jack E. Hobeck, Palm Beach Custom Kitchens, Inc., Morrow & Hobeck, Inc., and Roy G. Sears, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied October 27, 1988.

Attorney(s) appearing for the Case

John R. Beranek of Klein & Beranek, P.A., and Shutts & Bowen, West Palm Beach, for appellant.

Patrick J. Casey and David A. Hershman of Boose, Casey, Ciklin, Lubitz, Martens, McBane & O'Connell, West Palm Beach, for appellees.

PER CURIAM.

We reverse and remand for a new trial on all issues. Specifically, we believe it was error for the trial court to enter summary judgment in advance of trial on the appellant's claim for rescission. See Durbin Paper Stock Co. v. Watson-David Insurance Co., 167 So.2d 34 (Fla. 3d DCA 1964); Erwin v. Scholfield, 416 So.2d 478 (Fla. 5th DCA 1982); Wolfe v. Aetna Insurance...

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