RASHKIN v. PEARCE

No. 79-1503.

400 So.2d 541 (1981)

Max J. RASHKIN and Evelyn Rashkin, Appellants, v. David C. PEARCE, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied July 24, 1981.


Attorney(s) appearing for the Case

Michael B. Davis of Walton, Lantaff, Schroeder & Carson, West Palm Beach, for appellants.

F. Kendall Slinkman, West Palm Beach, for appellee.


HURLEY, Judge.

Appellants, plaintiffs below, contest the entry of an adverse summary final judgment. We conclude that the doctrine of res judicata was erroneously applied and, consequently, we reverse.

Appellants Max and Evelyn Rashkin leased certain property to Appellee Pearce for a term of three years, beginning May 31, 1973, and ending May 31, 1976. Monthly lease payments were $1,200 plus royalties on milk produced...

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