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CONGER v. SZEMAN, INC.

No. 88-2080.

549 So.2d 228 (1989)

Vada L. CONGER and V.L.C. Corporation, a Florida Corporation, Appellants, v. SZEMAN, INC., a Florida Corporation, Appellee.

District Court of Appeal of Florida, Third District.

September 26, 1989.

Attorney(s) appearing for the Case

Preddy, Kutner, Hardy, Rubinoff, Brown & Thompson and Susan S. Lerner, for appellants.

Steven H. Brotman, for appellee.

Before FERGUSON, JORGENSON and LEVY, JJ.

PER CURIAM.

The record clearly reveals that the appellant/defendant's affidavit raised genuine issues of material fact relating to the appellant's affirmative defenses of mutual mistake and waiver. The inability and failure to resolve the affirmative defenses should have precluded the trial court from entering the summary judgment in favor of the plaintiff/appellee. Broz v. Winn-Dixie Stores, Inc., 512 So.2d 335 (Fla. 3d...

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