LINCOLN NATIONAL HEALTH AND CASUALTY v. MITSUBISHI MOTOR SALES

No. 5D00-343.

778 So.2d 392 (2001)

LINCOLN NATIONAL HEALTH AND CASUALTY, etc., Appellant, v. MITSUBISHI MOTOR SALES, etc., et al., Appellees.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied February 27, 2001.


Attorney(s) appearing for the Case

Bonita Kneeland Brown of Fowler, White, Gillen, Boggs, Villareal & Banker, P.A., Tampa, for Appellant.

Eric H. Faddis of Faddis, Oldham & Smith, P.A., Orlando, for Appellees, Mitsubishi Motor Sales of America, Inc., et al.

Edna L. Caruso of Caruso, Burlington, Bohn & Compiani, P.A., West Palm Beach, and Robin Orosz Sharp of Maher Gibson and Guiley, Orlando, for Appellee, Alan Skowronek.


PER CURIAM.

Lincoln National Health & Casualty Company (Lincoln National) appeals the final summary judgment entered by the trial court in favor of appellees. The trial court determined that Lincoln National has no legal right to pursue a claim for equitable subrogation against the appellees. We reverse based upon application of the law of the case doctrine.1

The facts underlying the instant litigation are succinctly set forth...

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