GIOVO v. McDONALD

No. 2D00-2837.

791 So.2d 38 (2001)

Tracy GIOVO, Appellant, v. Jack McDONALD, Penny McDonald, and Brandi McDonald, Appellees.

District Court of Appeal of Florida, Second District.

Rehearing Denied July 24, 2001.


Attorney(s) appearing for the Case

Louis K. Rosenbloum, P.A., Pensacola, and Samuel S. Mehring, Jr., of the Law Offices of Samuel S. Mehring, Jr., Tampa, for Appellant.

Keith Carter of Gray, Harris, Robinson, Shackleford, Farrior, P.A., Tampa, for Appellees.


NORTHCUTT, Judge.

In a final summary judgment the circuit court determined that Tracy Giovo's suit for damages arising from an automobile accident was foreclosed by an enforceable settlement agreement. However, the undisputed facts demonstrate that such was not the case.

On August 21, 1998, Giovo was involved in an intersection collision with a car driven by Brandi McDonald with the consent of the car's owners, Jack and Penny McDonald. In the weeks following...

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