Florida District Courts of Appeal, 1998

Knight v. Wilson

Knight v. Wilson
Florida District Courts of Appeal · Decided July 22, 1998 · Polen, Stevenson, Warner
712 So. 2d 1280; 1998 Fla. App. LEXIS 9108; 1998 WL 406588 (Southern Reporter, Second Series)

Knight v. Wilson

Opinion of the Court

PER CURIAM.

This is an appeal from a final order of dismissal in favor of appellee, Marcia Pinder. Appellee’s counsel has graciously conceded error to the extent that her affirmative defense of collateral estoppel, and any related defenses, should not have been resolved by motion to dismiss, but rather in a summary judgment context. Accordingly, we reverse the order dismissing appellant’s complaint as to Marcia Pinder, and remand for further proceedings.

WARNER, POLEN and STEVENSON, JJ., concur.

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