LANNING v. PEPSICO, INC.

No. 96-502.

683 So.2d 192 (1996)

Frank A. LANNING, Guardian Ad Litem of David M. Lanning, an Incompetent; and Ruth Lanning, Appellants, v. PEPSICO, INC., et al. Appellees.

District Court of Appeal of Florida, Third District.

November 20, 1996.


Attorney(s) appearing for the Case

Haggard & Parks, P.A., Coral Gables; Podhurst, Orseck, Josefsberg, Eaton, Meadow, Olin & Perwin, P.A. and Joel S. Perwin, Miami, for appellants.

Wilson, Elser, Moskowitz, Edelman & Dicker and Alan Fiedel, Miami, and David N. Kittredge; Haddad, Josephs, Jack, Gaebe & Markarian and Lewis N. Jack, Jr., Coral Gables, for appellee PepsiCo, Inc.

Before GERSTEN, GODERICH and GREEN, JJ.


PER CURIAM.

We find that summary judgment was prematurely entered where the scant record to date indicates the existence of a genuine issue of fact as to whether there was an agency relationship based upon the dealings between the parties. E.g., Moore v. River Ranch, Inc., 642 So.2d 642, 643 (Fla. 2d DCA 1994); Braidi Trading Co. v. Anthony R. Abraham Enters., Inc., 469 So.2d 955

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