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HELM v. KOHUTH

Nos. 72-715, 72-716.

274 So.2d 31 (1973)

Theresa HELM, Appellant, v. Russell T. KOHUTH et al., Appellees.

District Court of Appeal of Florida, Fourth District.

March 8, 1973.

Attorney(s) appearing for the Case

Robert Orseck and Edward I. Sternlieb, of Podhurst, Orseck & Parks, Miami, and Baxter & Friedman, North Miami Beach, for appellant.

Charles M. Daniels, of Walsh, Dolan & Krupnick, Fort Lauderdale, for appellee Kohuth and Lumberman's Mutual Ins. Co.

Linwood Anderson, of Smathers & Thompson, Miami, for appellee Martin.

Henry Courtney, of Stephens, Magill, Thornton & Sever, Miami, for appellees Dodson and Winterhouse Corp.

PER CURIAM.

Plaintiff sought the reformation of a release. See generally 5 Fla.Jur., Cancellation, Reformation, etc., § 57, et seq. The pleading issue thereto was drawn between the parties. This issue was contained in and collateral to a damage suit for personal injuries. On the basis of affidavits, and despite plaintiff's request for an opportunity to present testimony and evidence in a full trial upon the merits, the trial court determined that the release...

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