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BROCK v. OROZCO

No. 2D10-4970.

75 So.3d 766 (2011)

Thomas B. BROCK and Sue C. Brock, Appellants, v. Raymond OROZCO, Individually, and as Trustee of the Raymond Orozco Revocable Living Trust dated January 10, 1995; and Pamela Orozco, Appellees.

District Court of Appeal of Florida, Second District.

Rehearing Denied December 19, 2011.

Attorney(s) appearing for the Case

Daniel Joy of Law Office of Daniel Joy, Sarasota; and Robert M. Pretschner of Tucker & Pretschner, P.A., Sarasota, for Appellants.

Roger H. Miller, III , and George T. Williamson of Farr, Farr, Emerich, Hackett and Carr, P.A., Punta Gorda, for Appellees.

VILLANTI, Judge.

Thomas and Sue Brock appeal the trial court's summary final judgment in favor of Raymond and Pamela Orozco in an action brought by the Orozcos to terminate the Brocks' use of a boat slip in a marina owned by the Orozcos. We reverse and remand for further proceedings because genuine issues of material fact remain in dispute regarding the affirmative defenses of res judicata and collateral estoppel.

In June 1989, Thomas and Sue Brock purchased...

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