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GARRIDO v. BURGER KING CORPORATION

No. 92-595.

605 So.2d 1026 (1992)

George L. GARRIDO, individually, and the Garrido Group Advertising, Inc., Appellants, v. BURGER KING CORPORATION, a Florida corporation, and Thomas Kupciunas, individually, Appellees.

District Court of Appeal of Florida, Third District.

October 20, 1992.

Attorney(s) appearing for the Case

Bailey Hunt Jones & Busto and Mercedes C. Busto, Miami, and Scott L. Cagan, New York City, for appellants.

Angones, Hunter, McClure, Lynch & Williams and Francisco R. Angones, Miami, Breed, Abbot & Morgan and Stephen R. Lang and Brian L. Sullivan, New York City, for appellees.

Before JORGENSON, LEVY and GODERICH, JJ.

PER CURIAM.

The record reflects the existence of a material question of fact relating to the "novelty" issue, and accordingly, the trial court was in error in granting the appellee's motion for summary judgment. See Florida East Coast Railway Co. v. Metropolitan Dade County, 438 So.2d 978 (Fla. 3d DCA 1983). As a result thereof, the summary judgment entered by the trial...

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