Full text
George L. GARRIDO, individually, and the Garrido Group Advertising, Inc. v. BURGER KING CORPORATION, a Florida corporation, and Thomas Kupciunas, individually
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
[1027] 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.