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ALEX v. SLOAN

No. 4-86-0740.

505 So.2d 42 (1987)

Stephan H. ALEX, Appellant/Cross Appellee, v. Thomas L. SLOAN, et al., Appellees/Cross Appellants.

District Court of Appeal of Florida, Fourth District.

April 15, 1987.

Attorney(s) appearing for the Case

Tom Morell of James & Young, West Palm Beach, for appellant/cross appellee.

Larry Klein of Klein & Beranek, P.A., West Palm Beach and Neill Griffin Jeffries & Lloyd, Fort Pierce, for appellees/cross appellants.

PER CURIAM.

The trial court dismissed appellant's action for contribution against appellees upon the ground that Section 95.11(4)(e), Florida Statutes (1985) applied. We conclude that the trial court erred in applying said statute and remand with direction that the trial court consider whether appellees' defense that they were protected from contribution by a contractual release has merit and rule thereon.

ANSTEAD and GLICKSTEIN, JJ., and FEDER, RICHARD Y...

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