FITZGERALD v. CESTARI

No. 88-0834.

553 So.2d 708 (1989)

Terry FITZGERALD, As Mother and Next Friend of Brandi Fitzgerald, a Minor, Appellant, v. Jan CESTARI, Maria Cestari, His Wife and Mary B. Cestari, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing and Certification Denied January 12, 1990.


Attorney(s) appearing for the Case

Kenneth R. Drake of Touby, Smith, DeMahy & Drake, P.A., Miami, for appellant.

Jay B. Green, Renee D. Braeunig and Daniel L. Haverman of Jay B. Green, P.A., Fort Lauderdale, for appellees.


PER CURIAM.

The dissent occasions this opinion.

While the dissent discusses many of the facts and the law from other jurisdictions, we add more of the former as well as note the extant law of Florida by which the trial court and this court felt bound.

The Cestaris filed a motion for summary judgment, asserting that the Fitzgeralds were barred from pursuing the lawsuit as a result of a release they had executed in favor of the Cestaris and their home...

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