
    Malcolm ROBBINS, Appellant, v. Joaquin F. BLAYA, Appellee.
    No. 77-2136.
    District Court of Appeal of Florida, Third District.
    Oct. 31, 1978.
    Rehearing Denied Dec. 1, 1978.
    Reid & Heeke, Palm Beach, for appellant.
    Miller & Russell and Edgar Miller, Miami, for appellee.
    Before PEARSON, HENDRY  and KE-HOE, JJ.
    
      
       Judge Hendry participated in the decision in this case but did not hear oral argument.
    
   KEHOE, Judge.

Appellant, plaintiff below, brings this appeal from a final summary judgment dated September 23, 1977, in favor of appellee. We must reverse because there were justiciable issues of fact which existed that could not be properly resolved by reference to a separate divorce action. Fla.R.Civ.P. 1.510. Accordingly, the final summary judgment appealed is reversed and the cause is remanded for further proceedings in the trial court.

Reversed and remanded.  