CAPAZZI V. GOLDBERG

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF. IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM A.D., 2004 ** PETER CAPAZZI, ** Appellant, ** CASE NO. 3D04-573 vs. ** SADITH MENDOZA GOLDBERG, F/K/A/ SADITH MENDOZA, ** LOWER TRIBUNAL NO. 03-2048 Appellee. Opinion filed November 10, 2004. An Appeal from the Circuit Court for Miami-Dade County, Sidney B. Shapiro, Judge. Sheldon Zipkin, for appellant. Robert D. Slewett, and Steven K. Schwartz, 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. judgment and Accordingly, we reverse the order granting summary remand for further Morris, 475 So. 2d 66 (Fla. 1985). Reversed and remanded. 2 proceedings. See Moore v.

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