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.