DUFFY v. SPERONI

No. 90-1700.

580 So.2d 862 (1991)

Paul K. DUFFY, Appellant, v. Donald L. SPERONI, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied July 9, 1991.


Attorney(s) appearing for the Case

Bender, Bender, Chandler & Adair, Miami, Allison Doliner Hockman, Coral Gables, for appellant.

Greenspoon, Marder, Hirschfeld & Rafkin and Glen Rafkin, Fort Lauderdale, for appellee.

Before HUBBART, BASKIN and COPE, JJ.


PER CURIAM.

Paul Duffy, plaintiff below, appeals a partial summary judgment in favor of defendant Donald Speroni. The order is appealable as a partial final judgment within the meaning of Rule 9.110(k), Florida Rules of Appellate Procedure. We reverse.

As a preliminary matter, we reject plaintiff's challenge to the procedure employed in the entry of the partial summary judgment. We conclude that the irregularity was invited by plaintiff and he may not now...

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