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WEAVER v. COX

No. 95-3429.

675 So.2d 262 (1996)

Leah WEAVER, Appellant, v. Frank COX, Peggy Cox, Sallye O. Bates, Anne O. Cox, Sheri C. Wright, Pan American Corporation, Appellees.

District Court of Appeal of Florida, Fourth District.

June 26, 1996.

Attorney(s) appearing for the Case

William S. Isenberg of Latona & Isenberg, Fort Lauderdale, for appellant.

Robert A. Huth, Jr. of English, McCaughan & O'Bryan, P.A., Boca Raton, for appellees.

PER CURIAM.

We agree with the appellant that the trial court erred in concluding that the final judgment on Count I of the complaint precluded her from proceeding on Count VII. Count VII was based on different facts as well as a different theory of recovery, and the final judgment on Count I was not conclusive as to Count VII.

Reversed.

GUNTHER, C.J., and KLEIN and STEVENSON...

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