¶1This 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.
712 So. 2d 1280
Knight v. Wilson
District Court of Appeal of Florida
Decided July 22, 1998
District Court of Appeal of Florida · decided 1998-07-22
Decided 1998-07-22