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BATIE v. BATIE

No. 1D09-2878.

31 So.3d 939 (2010)

Barbara BATIE, Appellant, v. Billy Franklin BATIE, Sr., dba Batie Tree Service and Goodman Construction Company, Appellees.

District Court of Appeal of Florida, First District.

April 7, 2010.

Attorney(s) appearing for the Case

Jana Ranieri Cortina, Gainesville, for Appellant.

Robert E. O'Quinn, Jr., of Cole, Scott & Kissane, P.A., Jacksonville, and Scott A. Cole and Alejandro Perez of Cole, Scott & Kissane, P.A., Miami, for Appellee Billy Franklin Batie, Sr. d/b/a Batie Tree Service.

PER CURIAM.

Appellant, Barbara Batie, appeals a final judgment, arguing that the trial court erred in entering summary judgment in favor of Appellee, Billy Franklin Batie, Sr. d/b/a Batie Tree Service, on the basis that Appellant was estopped from bringing the lawsuit at issue. We agree that the trial court erred because Appellant's position in her first lawsuit against Appellee Batie, while inconsistent with the position...

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