LAZOVITZ v. SAXON CONST., INC.

Nos. 88-2774, 88-2736.

549 So.2d 229 (1989)

Stephen LAZOVITZ, As General Partner of Florida Club Limited, International Fidelity Insurance Company and Lazovitz, Inc., Appellants, v. SAXON CONSTRUCTION, INC., Appellee.

District Court of Appeal of Florida, Third District.

September 26, 1989.


Attorney(s) appearing for the Case

Shapiro & Bregman and Kenneth G. Spillias and Mark F. Bideau, West Palm Beach, for appellants.

Fine, Jacobson, Schwartz, Nash, Block & England and Paul R. Lipton and Marcy J. Stone, Miami, for appellee.

Before SCHWARTZ, C.J., and BARKDULL and JORGENSON, JJ.


PER CURIAM.

The summary judgment entered below on the basis of the doctrines of res judicata and collateral estoppel is reversed because the prior judgment, erroneously deemed conclusive of the present action, involved neither an identity of parties, Ford v. Dania Lumber & Supply Co., 150 Fla. 435, 7 So.2d 594 (1942); Martin v. Arrow Cabs, Inc., 107 So.2d 394 (Fla. 3d...

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