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AERY v. WALLACE LINCOLN-MERCURY, LLC

No. 4D12-1615.

118 So.3d 904 (2013)

John R. AERY, Appellant, v. WALLACE LINCOLN-MERCURY, LLC d/b/a Maroone Lincoln Mercury of Lake Park, Appellee.

District Court of Appeal of Florida, Fourth District.

July 31, 2013.

Attorney(s) appearing for the Case

Marsha L. Lyons and Douglas S. Lyons of Lyons & Farrar, P.A., Tallahassee, for appellant.

Nancy W. Gregoire of Kirschbaum, Birnbaum, Lippman & Gregoire, PLLC, Fort Lauderdale, and Richard A. Ivers of Law Office of Richard A. Ivers, Coral Springs, for appellee.

GROSS, J.

John Aery timely appeals a final summary judgment entered in favor of Wallace Lincoln-Mercury, LLC d/b/a Maroone Lincoln Mercury of Lake Park, the defendant below, based upon three grounds: (1) that Aery lacked standing to pursue his claim under Florida's Whistleblower Act since he filed for Chapter 13 bankruptcy while his suit was pending; (2) that Aery was judicially estopped from claiming lost wages since he successfully demonstrated total disability...

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