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District Court of Appeal of Florida


DeMartino v. Simat, 2D05-6189

In a personal injury suit arising from an automobile accident, an appeal from partial summary judgment for defendant pursuant to a release a plaintiff previously signed is dismissed for lack of jurisdiction, and an order dismissing a reformation count is reversed as dismissal was improper under the circumstances, and the law of the case doctrine was not applicable in this case.

Appellate Information

  • Decided 01/26/2007
  • Published 01/26/2007

Judges

  • NORTHCUTT, Judge.

Court

  • District Court of Appeal of Florida

Counsel

  • For Appellant:
  • K. Jack Breiden of Breiden & Associates, Naples, for Appellants.

  • For Appellees:
  • Michael A. Tonelli and John W. Boult of Barr, Murman & Tonelli, P.A., Tampa, for Appellee Enterprise Leasing., Terrence L. Lavy of Vernis & Bowling of Southwest Florida, P.A., Fort Myers, for Appellee Windsor Group., No appearance for Appellee Lisa Simat as Personal Representative of the Estate of Gary Simat.
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