LUCIANO v. FRANCHINO

No. 98-03561.

730 So.2d 410 (1999)

Gene LUCIANO, Appellant, v. Thomas W. FRANCHINO, Appellee.

District Court of Appeal of Florida, Second District.

April 14, 1999.


Attorney(s) appearing for the Case

John S. Winnie, Naples, for Appellant.

Thomas W. Franchino of Thomas W. Franchino, P.A., Naples, Pro Se.


BLUE, Acting Chief Judge.

In this interlocutory appeal, Gene Luciano challenges the trial court's entry of a partial summary judgment determining liability in favor of Thomas Franchino on Franchino's counterclaim. The trial court's order was premised on its holding that a release executed by Luciano contained an unambiguous waiver of his right to defend against the counterclaim. Because we conclude the trial court erred in holding that the release was unambiguous...

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