Browd v. Central Bank of North Dade

The final summary judgment appealed from is reversed and the cause remanded for further proceedings. In our view, affidavits presented to the trial court on the motion for summary judgment create a genuine issue of material fact as to whether novation occurred in this case. Murphy v. Green, 102 Fla. 102, 135 So. 531 (1931); Holl v. Talcott, 191 So.2d 40 (Fla.1966); Amoedo v. Socarras, 311 So.2d 830 (Fla.3d DCA 1975).