SPAULDING v. FORD MOTOR CREDIT COMPANY, 370 So.2d 88 (Fla.App. 3 Dist. 1979)

No. 78-1314.District Court of Appeal of Florida, Third District.
May 1, 1979.

Appeal from Circuit Court, Dade County; Thomas A. Testa, Judge.

Frank, Strelkow Gay and Carl Schmitt, North Bay Village, for appellant.

Bradford, Williams, McKay, Kimbrell, Hamann Jennings and Gordon C. Brydger, Miami, for appellee.

Before PEARSON, HENDRY and HUBBART, JJ.

PER CURIAM.

The final summary judgment appealed from is reversed and the cause remanded to the trial court for further proceedings based on the authority of Montgomery Enterprises, Inc. v. The Atlanta National Bank of Jacksonville, 338 So.2d 1078 (Fla. 1st DCA 1976).