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B.J. SEGER FINE ARTS, INC. v. SCHER

No. 91-1049.

592 So.2d 1133 (1991)

B.J. SEGER FINE ARTS, INC., Appellant, v. Gary SCHER, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied, Clarification Granted February 25, 1992.

Attorney(s) appearing for the Case

Christopher J. Keith, Sunrise, for appellant.

Leonard H. Rubin, Miami, for appellee.

Before SCHWARTZ, C.J., and NESBITT and COPE, JJ.

PER CURIAM.

We reverse the final summary judgment entered based on the following brief analysis.

The trial court erroneously based judgment on a finding that appellant, plaintiff below, had elected its remedy when it obtained a judgment on a debt owed against Art America Corporation, of which appellee Scher was an officer. Scher was not a party to the first suit, was not in privity with the defendant in the first...

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