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DeMARTINO v. SIMAT

No. 2D05-6189.

948 So.2d 841 (2007)

John DeMARTINO and Judy DeMartino, Appellants, v. Lisa SIMAT, as Personal Representative of the Estate of Gary Simat; Windsor Group; and Enterprise Leasing, Appellees.

District Court of Appeal of Florida, Second District.

January 26, 2007.

Attorney(s) appearing for the Case

K. Jack Breiden of Breiden & Associates, Naples, for Appellants.

Michael A. Tonelli and John W. Boult of Barr, Murman & Tonelli, P.A., Tampa, for Appellee Enterprise Leasing.

Terrence L. Lavy of Vernis & Bowling of Southwest Florida, P.A., Fort Myers, for Appellee Windsor Group.

No appearance for Appellee Lisa Simat as Personal Representative of the Estate of Gary Simat.

NORTHCUTT, Judge.

John and Judy DeMartino are plaintiffs in a personal injury suit arising from an automobile accident. The DeMartinos sued the driver of the other vehicle, Gary Simat, and the owner of the vehicle, Enterprise Leasing. Prior to filing the lawsuit, Mrs. DeMartino had given a release to Simat's insurer, Windsor Group, in exchange for its $25,000 policy limits. On the basis of that release, Enterprise sought and obtained a partial summary judgment on...

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