Since there remain genuine issues of material fact, as pointed out by appellant under its first point on appeal, we hold the trial court erred in entering final summary judgment in favor of appellee. For this reason, we do not reach the merits of appellant’s second point, but, instead, remand the cause to the trial court for further proceedings.
REVERSED and REMANDED for further proceedings consistent with this opinion.
PADOVANO, WETHERELL,and SWANSON, JJ., concur.