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Knight v. Wilson

District Court of Appeal of Florida, Fourth District
Jul 22, 1998
712 So. 2d 1280 (Fla. Dist. Ct. App. 1998)

Opinion

No. 98-0047

Opinion filed July 22, 1998 JULY TERM 1998

Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Robert L. Andrews, Judge; L.T. Case No. 97-11919 CA09.

Diane H. Tutt, Sharon C. Greenberg, Diane H. Tutt, P. A., Plantation, for Appellants.

Kimberly L. Boldt, Elizabeth Russo Associates, P. A., Miami, and Green Ackerman, P. A., Ft. Lauderdale, for Appellee Marcia Pinder.


This is an appeal from a final order of dismissal in favor of appellee, Marcia Pinder. Appellee's counsel has graciously conceded error to the extent that her affirmative defense of collateral estoppel, and any related defenses, should not have been resolved by motion to dismiss, but rather in a summary judgment context. Accordingly, we reverse the order dismissing appellant's complaint as to Marcia Pinder, and remand for further proceedings.

WARNER, POLEN and STEVENSON, JJ., concur.


Summaries of

Knight v. Wilson

District Court of Appeal of Florida, Fourth District
Jul 22, 1998
712 So. 2d 1280 (Fla. Dist. Ct. App. 1998)
Case details for

Knight v. Wilson

Case Details

Full title:JOYCE KNIGHT, as personal representative of the Estate of SHAMICA SHARRELL…

Court:District Court of Appeal of Florida, Fourth District

Date published: Jul 22, 1998

Citations

712 So. 2d 1280 (Fla. Dist. Ct. App. 1998)