ENTERPRISE LEASING CO. v. DEMARTINO

No. 2D08-4433.

15 So.3d 711 (2009)

ENTERPRISE LEASING COMPANY, Appellant, v. John DEMARTINO; Judy Demartino; Lisa Simat, as Personal Representative of the Estate of Gary Simat; and Windsor Group, Appellees.

District Court of Appeal of Florida, Second District.

Rehearing Denied September 4, 2009.


Attorney(s) appearing for the Case

Michael A. Tonelli of Barr, Murman & Tonelli, Tampa, for Appellant.

K. Jack Breiden of Breiden & Associates, Naples, for Appellees John and Judy Demartino.

Clark W. Berry of Vernis & Bowling of Southwest Florida, P.A., Fort Myers, for Appellee Lisa Simat.

No appearance for Appellee Windsor Group.


VILLANTI, Judge.

Enterprise Leasing Company appeals from the final summary judgment entered in favor of John and Judy Demartino, which judgment finally adjudicated the reformation count of the Demartinos' complaint and completely disposed of the case as to Windsor Group. Because the evidence submitted by the Demartinos in support of their claim of mutual mistake was incompetent, the trial court erred in relying on that evidence to enter the final summary judgment...

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