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5G'S CAR SALES v. FLA. DEPT. OF LAW ENFORCEMENT

No. 90-2902.

581 So.2d 212 (1991)

5G'S CAR SALES, INC., et al., Appellants, v. FLORIDA DEPARTMENT OF LAW ENFORCEMENT, Appellee.

District Court of Appeal of Florida, Third District.

June 4, 1991.

Attorney(s) appearing for the Case

Weiner, Robbins, Tunkey, Ross, Amsel & Raben and Benjamin S. Waxman, Miami, for appellants.

Susan L. Somers, Florida Dept. of Law Enforcement, Miami, for appellee.

Before SCHWARTZ, C.J., and NESBITT and COPE, JJ.

SCHWARTZ, Chief Judge.

The summary judgment under review is reversed because the record plainly raises genuine issues, concerning virtually all of the material facts, which may properly be resolved only by trial. Holl v. Talcott, 191 So.2d 40 (Fla. 1966).

In defending the summary judgment, the appellee has attempted to rely upon Celotex Corp. v. Catrett, 477 U.S. 317, 106 S.Ct...

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