
    James GUNN, Appellant, v. TALLAHASSEE BOARD OF REALTORS.
    No. BI-255.
    District Court of Appeal of Florida, First District.
    June 24, 1986.
    Rainey C. Booth, of Booth & Walborsky, Tallahassee, for appellant.
    Joseph R. Boyd and William H. Branch, of Boyd, Thompson & Williams, Tallahassee, for appellee.
   WENTWORTH, Judge.

Appellant seeks review of a final summary judgment entered in a declaratory judgment action, asserting that no factual issue and no actual controversy was presented and that the court below thus should have declined to enter a judgment and dismissed the action. We find that a sufficient controversy was presented so as to authorize a declaratory judgment. We further find, consistent with appellant’s contention that no disputed factual issue exists, that it was appropriate for the court to resolve the action by entry of a summary judgment. See Pancoast v. Pancoast, 97 So.2d 875 (Fla. 2d DCA 1957); cf., Fla.R.Civ.P. 1.510(a). We therefore affirm the order appealed.

MILLS, J., concurs.

NIMMONS, J., dissents with written opinion.

NIMMONS, Judge,

dissenting.

I would reverse. In my opinion, summary judgment was improper. I do not believe that one could properly conclude from the pleadings and affidavit, which were before the trial court, that there was no genuine issue of material fact.  