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PALM AFC HOLDINGS INC. v. PALM BEACH COUNTY

No. 4D00-4493.

807 So.2d 703 (2002)

PALM AFC HOLDINGS, INC., a Florida corporation, Appellant, v. PALM BEACH COUNTY, a political subdivision of the State of Florida, George Webb, in his capacity as Palm Beach County Engineer and not Individually, and Minto Communities, Inc., Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied February 28, 2002.

Attorney(s) appearing for the Case

Brian B. Joslyn and Ronald E. Crescenzo of Boose Casey Ciklin Lubitz Martens McBane & O'Connell, West Palm Beach, for appellant.

Michael D. Joblove and Nina Greene Kersh of Genovese Lichtman Joblove & Battista, and John H. Schulte of Schulte & Bisbing, Miami, for appellee Minto Communities, Inc.

POLEN, C.J.

Appellant Palm AFC Holdings, Inc. timely appeals the Circuit Court's entry of Judgment on the Pleadings in favor of Minto Communities. We find the Circuit Court's entry of Judgment on the Pleadings based on res judicata was error, and accordingly, reverse.

Our review of the record reveals the Judgment on the Pleadings was based on res judicata, regarding this court's earlier opinion in Palm AFC Holdings...

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