Garrido v. Burger King Corp.

District Court of Appeal of Florida

Garrido v. Burger King Corp.

605 So. 2d 1026, 1992 Fla. App. LEXIS 11067, 1992 WL 296035

CourtDistrict Court of Appeal of Florida

DecidedOctober 20, 1992

DocketNo. 92-595

StatusPublished

This text of 605 So. 2d 1026 (Garrido v. Burger King Corp.) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Garrido v. Burger King Corp., 605 So. 2d 1026, 1992 Fla. App. LEXIS 11067, 1992 WL 296035 (Fla. Ct. App. 1992).

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Opinion

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 appel-lee’s motion for summary judgment. See [1027]*1027Florida 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 court must be reversed, with this cause thereafter proceeding to trial.

Reversed and remanded.

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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 appel-lee’s motion for summary judgment. See [1027]*1027Florida 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 court must be reversed, with this cause thereafter proceeding to trial.

Reversed and remanded.

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Bluebook (online)

605 So. 2d 1026, 1992 Fla. App. LEXIS 11067, 1992 WL 296035, Counsel Stack Legal Research, https://law.counselstack.com/opinion/garrido-v-burger-king-corp-fladistctapp-1992.

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