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BRACKETT v. USDAN

No. 79-1335.

382 So.2d 105 (1980)

Francis BRACKETT et Ux., Appellants, v. Jerome USDAN, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied April 28, 1980.

Attorney(s) appearing for the Case

Horton, Perse & Ginsberg and Arnold R. Ginsberg, Ratiner & Glinn, Miami, for appellants.

Koeppel, Stark & Newmark and Robert Gellman, Miami, for appellee.

Before HENDRY, HUBBART and SCHWARTZ, JJ.

PER CURIAM.

The order under review dismissing the plaintiffs' complaint on res judicata grounds is reversed and the cause remanded to the trial court for further proceedings upon a holding that: (a) the subject complaint fails to allege sufficient facts to establish the defense of res judicata as a bar to this action, and (b) the subject complaint otherwise states a valid cause of action sounding in negligence. This result...

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