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HOLLYWOOD APPLIANCES, INC. v. RUTENBERG

Nos. 87-2808, 88-0010.

541 So.2d 1283 (1989)

HOLLYWOOD APPLIANCES, INC., Appellant, v. Joel RUTENBERG and Susan Rutenberg, His Wife, and Michael J. Fingar, Appellees.

District Court of Appeal of Florida, Fourth District.

On Motion for Clarification May 9, 1989.

Attorney(s) appearing for the Case

David Schottenfeld and Michael Getman of Bauman, Wurtenberger & Schottenfeld, P.A., Plantation, for appellant.

Roy D. Wasson, Miami, for appellees-Rutenberg.

Michael J. Fingar, North Miami, pro se.

PER CURIAM.

We reverse the final summary judgment entered below because there are genuine, material issues of fact that remain to be resolved. See Allstate Insurance Company v. Powell, 420 So.2d 113 (Fla. 4th DCA 1982). An important issue before the trial court was whether the contract between the parties constituted a "same direct contract" as contemplated by section 713.09, Florida Statutes (1987). An affirmative holding...

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