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THOMPSON v. KOVENS

No. 83-1785.

455 So.2d 1160 (1984)

Beth M. THOMPSON, As Trustee of the Ruth C. Turner Trust and the Gordon B. Certain, Jr. Trust, Appellant, v. Phyllis KOVENS D/B/a 127TH Street Shopping Center, Appellee.

District Court of Appeal of Florida, Third District.

September 25, 1984.

Attorney(s) appearing for the Case

Payton & Rachlin and Harry Payton, Miami, for appellant.

Wallace, Engels, Pertnoy & Solowsky and Sidney Pertnoy, Miami, for appellee.

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

PER CURIAM.

Since the appellant's positions on appeal are directly contrary both to the one to which she stipulated and agreed in the trial court, Gunn Plumbing, Inc. v. Dania Bank, 252 So.2d 1 (Fla. 1971); Lotspeich Company v. Neogard Corporation, 416 So.2d 1163, 1165 (Fla. 3d DCA 1982), and the law of the case as established in its prior appearance here, Certain v. Kovens,<...

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