KNIGHT v. WILSON

No. 98-0047.

712 So.2d 1280 (1998)

Joyce KNIGHT, as personal representative of the Estate of Shamica Sharrell Sampson, deceased, Appellants, v. James WILSON, Timothy Wilson and Marcia Pinder, Appellees.

District Court of Appeal of Florida, Fourth District.

July 22, 1998.


Attorney(s) appearing for the Case

Diane H. Tutt, and Sharon C. Greenberg, Diane H. Tutt, P.A., Plantation, for Appellants.

Kimberly L. Boldt, Elizabeth Russo & Associates, P.A., Miami, and Green & Ackerman, P.A., Ft. Lauderdale, for Appellee Marcia Pinder.


PER CURIAM.

This is an appeal from a final order of dismissal in favor of appellee, Marcia Pinder. Appellee's counsel has graciously conceded error to the extent that her affirmative defense of collateral estoppel, and any related defenses, should not have been resolved by motion to dismiss, but rather in a summary judgment context. Accordingly, we reverse the order dismissing appellant's complaint as to Marcia Pinder, and remand for further proceedings.

WARNER...

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