Upon consideration of the briefs and the record in this appeal, we find there is a genuine issue as to a material fact. The granting of the summary judgment was error. Manucy v. Manucy, 362 So.2d 478 (Fla. 1st DCA 1978), Wills v. Sears, Roebuck and Company, 351 So.2d 29 (Fla.1977).
Reversed and Remanded for trial on the issues.
ROBERT P. SMITH, Jr., Acting C. J., and BOOTH and SHIVERS, JJ., concur.