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WEINBERGER v. CITY OF WEST MIAMI

No. 90-2478.

578 So.2d 897 (1991)

David Paul WEINBERGER, Appellant, v. CITY OF WEST MIAMI, a Political Subdivision of the State of Florida, Appellee.

District Court of Appeal of Florida, Third District.

May 7, 1991.

Attorney(s) appearing for the Case

Whitman, Wolfe, Gross & Schaffel, P.A., and Irving J. Whitman, Miami, for appellant.

Conroy, Simberg & Lewis, P.A., and Harriet Lewis, Hollywood, for appellee.

Before SCHWARTZ, C.J., and BASKIN and GODERICH, JJ.

PER CURIAM.

The plaintiff below, David Paul Weinberger, appeals from an adverse final summary judgment entered in favor of the defendant below, the City of West Miami. We reverse and remand for further proceedings.

There are several genuine issues of material fact which preclude entry of a final summary judgment. Holl v. Talcott, 191 So.2d 40 (Fla. 1966); Eagle Nat'l Bank of Miami v. Burks,

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