Opinion
No. 95-3429.
June 26, 1996.
Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; W. Herbert Moriarty, Judge. L.T. Case No. 92-22070 18.
William S. Isenberg of Latona Isenberg, Fort Lauderdale, for appellant.
Robert A. Huth, Jr. of English, McCaughan O'Bryan, P.A., Boca Raton, for appellees.
We agree with the appellant that the trial court erred in concluding that the final judgment on Count I of the complaint precluded her from proceeding on Count VII. Count VII was based on different facts as well as a different theory of recovery, and the final judgment on Count I was not conclusive as to Count VII.
Reversed.
GUNTHER, C.J., and KLEIN and STEVENSON, JJ., concur.