Flinn v. Shields, 88-2257

• Decision Date: 20 June 1989
• Docket Number: No. 88-2257,88-2257
• Citation: 14 Fla. L. Weekly 1493,545 So.2d 452
• Parties: 14 Fla. L. Weekly 1493 Gene FLINN, Appellant, v. Karen SHIELDS and Virginia Cathcart, Appellees.
• Court: Florida District Court of Appeals

Page 452

545 So.2d 452

14 Fla. L. Weekly 1493

Gene FLINN, Appellant, v. Karen SHIELDS and Virginia Cathcart, Appellees.

No. 88-2257.

District Court of Appeal of Florida,

Third District.

June 20, 1989.

Gene Flinn and Scott R. Weiss, Miami, for appellant.

Dunn, Dresnick, Lodish & Miller and Helen L. Stone and Jan L. Jacobowitz; Womack, Lombana & Bass and Judith A. Bass, Miami, for appellees.

Before SCHWARTZ, C.J., and NESBITT and LEVY, JJ.

PER CURIAM.

The earlier decision ¹ of this court reversing the summary judgment previously entered by the trial court, in favor of the appellees, is now "the law of the case". As a result thereof, it was error for the trial court to subsequently grant appellees' Motions for Judgment on the Pleadings in view of the fact that the earlier opinion of this court implicitly reflected the view that appellant's Complaint stated a cause of action. Accordingly, we reverse the trial court's most recent order granting appellees' Motions for Judgment on the Pleadings and the entry of a Final Judgment in their behalf. This cause is remanded for further proceedings consistent herewith.

Reversed.

1 Flinn v. Shields, 517 So.2d 49 (Fla. 3d DCA 1987). Appellees acknowledge that they did not raise or argue against the legal sufficiency of the Complaint during the appellate process that led to that earlier decision by this court.