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ELSER v. LAW OFFICES OF JAMES M. RUSS

No. 95-2330.

679 So.2d 309 (1996)

Albert Christian ELSER, III, and Kimberly M. Elser, Appellants, v. LAW OFFICES OF JAMES M. RUSS, P.A., Appellee.

District Court of Appeal of Florida, Fifth District.

August 16, 1996.

Attorney(s) appearing for the Case

Guy P. Coburn of Rush, Marshall, Reber and Jones, P.A., Orlando, for Appellants.

Terrence E. Kehoe of Law Offices of Terrence E. Kehoe and Tad A. Yates of Law Offices of James M. Russ, P.A., Orlando, for Appellee.

GOSHORN, Judge.

Albert Christian Elser, III and his mother, Kimberly M. Elser ("the Elsers")1 appeal the final summary judgment entered in favor of the Law Offices of James Russ, P.A. ("Russ")2 which awarded Russ $40,865.32 in past due legal fees and costs. We reverse because (1) Russ submitted an invalid affidavit which was relied upon by the trial court when entering the summary judgment; and (2) genuine...

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