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CAPAZZI v. GOLDBERG

No. 3D04-573.

885 So.2d 1039 (2004)

Peter CAPAZZI, Appellant, v. Sadith Mendoza GOLDBERG, f/k/a/ Sadith Mendoza, Appellee.

District Court of Appeal of Florida, Third District.

November 10, 2004.

Attorney(s) appearing for the Case

Sheldon Zipkin, North Miami Beach, for appellant.

Robert D. Slewett, North Miami Beach, and Steven K. Schwartz, Boca Raton, for appellee.

Before LEVY, GERSTEN, and FLETCHER, JJ.

PER CURIAM.

Because one or more issues of material fact exist, summary judgment was improper. See Holl v. Talcott, 191 So.2d 40 (Fla.1966). In particular, paragraph 7 of the trial court's order and its use of equivocal language indicates issues of fact to be determined. Accordingly, we reverse the order granting summary judgment and remand for further proceedings. See Moore v. Morris, 475 So.2d 666...

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