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BARRETT v. FLEXMASTER INDUS. INC.

No. 81-637.

410 So.2d 658 (1982)

Irene BARRETT, Appellant, v. FLEXMASTER INDUSTRIES, INC., Sheldon Collins and Marcia Collins, His Wife, Appellees.

District Court of Appeal of Florida, Third District.

March 9, 1982.

Attorney(s) appearing for the Case

Michael J. Garavaglia, Vero Beach, for appellant.

Emanuel Sponder, Miramar, for appellee.

Before SCHWARTZ, DANIEL S. PEARSON and JORGENSON, JJ.

PER CURIAM.

The trial judge granted the defendants' motion to dismiss on res judicata grounds. We reverse because it did not appear on the face of the complaint, see Brackett v. Usdan, 382 So.2d 105 (Fla. 3d DCA 1980), nor, even considering the motion as one for summary judgment, from the attachments to the motion in the form of portions of earlier proceedings, that the issues asserted had previously been adjudicated...

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