GONZALEZ v. GONZALEZ

No. 81-1199.

413 So.2d 97 (1982)

Stephen GONZALEZ and United States Fidelity & Guaranty Company, Appellants, v. Lawrence GONZALEZ, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied May 10, 1982.


Attorney(s) appearing for the Case

Carey, Dwyer, Cole, Selwood & Bernard and Michael C. Spring and Anthony L. Pietrofesa, Miami, for appellants.

Phillip Freidin, Claudia B. Greenberg, Miami, for appellee.

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


DANIEL S. PEARSON, Judge.

Stephen Gonzalez and United States Fidelity & Guaranty appeal from a summary judgment on liability granted in favor of Lawrence Gonzalez, the plaintiff below. The appellants contend that the trial court's determination that Stephen was negligent and thus liable derives from an incorrect application of the doctrine of collateral estoppel. We agree with this contention and reverse.

On February 17, 1977, Lawrence Gonzalez was involved...

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