Garrido v. Burger King Corp. (605 So. 2d 1026, 1992)

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 Florida 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.