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SCHWARTZ v. H. MAIMIN CO., INC.

No. 87-0003.

523 So.2d 1224 (1988)

Harold SCHWARTZ and Rita Schwartz, His Wife, Appellants, v. H. MAIMIN CO., INC., and Custom Building Corporation of Broward, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied May 20, 1988.

Attorney(s) appearing for the Case

Arnold R. Ginsberg of Horton, Perse & Ginsberg and Ansel Simon & Cohn, Miami, for appellants.

Richard A. Sherman of Richard A. Sherman, P.A., and Wayne W. Pomeroy of Pomeroy, Pomeroy & Pomeroy, Fort Lauderdale, for appellees.

PER CURIAM.

We reverse the summary final judgment entered in favor of Defendant, H. Maimin Co., Inc., and remand for further proceedings. We do this because there is existent a genuine issue of material fact which precludes summary disposition. That issue is the date of the delivery of the fabric cutting machine in question, which date triggers the running and applicability of section 95.031(2), Florida Statutes (1985).

REVERSED and REMANDED.

HERSEY...

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