McGowan v. Miami-Dade County

Gary McGowan appeals a final summary judgment on a breach of contract claim and *684an agreed order awarding attorney’s fees. We reverse the judgment as to Miami-Dade County: the record, which includes the affidavits submitted on rehearing, establishes the existence of the material factual issue whether the County breached the agreement with McGowan by failing to remove the pertinent documents from his personnel files and not from the internal affairs file.1 See Fatherly v. California Fed. Bank, 703 So.2d 1101, 1102 (Fla. 2d DCA 1997); Sapphire Condominium Ass’n, Inc. v. Amerivend Corp., 691…