RESPESS v. CARTER

No. 90-1559.

585 So.2d 987 (1991)

Gwendolyn A. RESPESS, et al., Appellants, v. Fairley Kave CARTER, Etc., et al., Appellees.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied September 24, 1991.


Attorney(s) appearing for the Case

Lytal & Reiter and Larry Klein, Klein & Walsh, P.A., West Palm Beach, for appellants.

J. Brent Jones, of Hannah, Marsee, Beik & Voght, Orlando, for appellees.


PETERSON, Judge.

Gwendolyn, William, and Donald Respess, plaintiffs below, appeal a partial summary judgment allowing the defendants a setoff of $405,000 representing the amount plaintiffs received from the decedent's uninsured motorist insurance (UM) carrier. The setoff was against a negotiated settlement between the parties that set the plaintiffs' damages at $620,000. We reverse.

The Respesses are the surviving spouse and two sons of Larry Respess who died...

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