ALVAREZ v. PULEO

No. 89-01827.

561 So.2d 437 (1990)

Julio F. ALVAREZ, Barbara C. Alvarez, James M. Alvarez and Rose Mary Alvarez, Appellants, v. Phillip A. PULEO and Samuel Faxon Bissett, Jr., Appellees.

District Court of Appeal of Florida, Second District.

May 16, 1990.


Attorney(s) appearing for the Case

Charlie Luckie, Jr. of McGee, Luckie & Tyner, P.A., Brooksville, for appellants.

Domenic L. Massari, II of Kass, Hodges & Massari, Tampa, for appellees.


RYDER, Acting Chief Judge.

Julio and Barbara Alvarez and James and Rose Alvarez, the plaintiffs below, contest a final judgment in which the trial court granted Phillip Puleo and Samuel Bissett's motion for involuntary dismissal of the Alvarezes' complaint. We reverse and remand for a new trial on the ground that the trial court erroneously required appellants to elect their remedy prior to the beginning of trial.

On the day trial was to begin, upon appellees...

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