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Gartner v. Winter

District Court of Appeal of Florida, Third District
Jan 11, 1973
270 So. 2d 470 (Fla. Dist. Ct. App. 1973)

Opinion

No. 72-664.

December 12, 1972. Rehearing Denied January 11, 1973.

Appeal from the Dade County Circuit Court, Francis J. Christie, J.

Donald S. Rose, Miami, for appellant.

Markus, Winter Spitale and Frederick O. Scheske, Miami, for appellees.

Before CHARLES CARROLL, HENDRY and HAVERFIELD, JJ.


This is an interlocutory appeal brought by Harold J. Gartner from an order of the trial court which denied appellant's motion to intervene in a creditor's action. The order entered by the court below will be affirmed because appellant seeks to relitigate in a subsequent suit between the same parties issues that have previously been determined in an earlier lawsuit. Field v. Field, Fla. 1956, 91 So.2d 640; Gordon v. Gordon, Fla. 1952, 59 So.2d 40, cert. den. 344 U.S. 878, 73 S.Ct. 165, 97 L.Ed. 680; Nelson v. Rever, Fla.App. 1972, 264 So.2d 879; Bardwell v. Langston, Fla.App. 1971, 244 So.2d 742.

Affirmed.


Summaries of

Gartner v. Winter

District Court of Appeal of Florida, Third District
Jan 11, 1973
270 So. 2d 470 (Fla. Dist. Ct. App. 1973)
Case details for

Gartner v. Winter

Case Details

Full title:HAROLD J. GARTNER, APPELLANT, v. ROBERT L. WINTER, TRUSTEE, ET AL.…

Court:District Court of Appeal of Florida, Third District

Date published: Jan 11, 1973

Citations

270 So. 2d 470 (Fla. Dist. Ct. App. 1973)