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ISLAND BREAKERS v. HIGHLANDS

No. 94-1080.

665 So.2d 1084 (1995)

ISLAND BREAKERS — a Condominium, Inc., a Florida Corporation, Appellant, v. HIGHLANDS UNDERWRITERS INSURANCE COMPANY, a Foreign Corporation, Appellee.

District Court of Appeal of Florida, Third District.

December 13, 1995.

Attorney(s) appearing for the Case

Rosenberg, Reisman & Stein; Cooper & Wolfe and Sharon L. Wolfe and Barbara A. Silverman, Miami, for appellant.

Parenti, Falk, Waas & Frazier and Gail Leverett Parenti, Coral Gables, for appellee.

Before BASKIN, COPE and LEVY, JJ.

PER CURIAM.

In view of the fact that the record reflects the existence of several areas of material facts that are in dispute, it was error for the trial court to grant the summary judgment under review herein. E.g., Holl v. Talcott, 191 So.2d 40 (Fla. 1966).

Specifically, the areas of material facts that are disputed by the parties include the nature, extent, and cause of the damage found in some of the balconies...

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