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02-0751 BIRD LAKES V. VELEZ
State: Florida
Court: Florida Southern District Court
Docket No: 3d02-0751
Case Date: 04/16/2003
Plaintiff: 02-0751 BIRD LAKES
Defendant: VELEZ
Preview:NOT FINAL UNTIL TIME EXPIRES
TO FILE REHEARING MOTION
AND, IF FILED, DISPOSED OF.
IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JANUARY TERM, A.D. 2003
BIRD LAKES DEVELOPMENT CORP., ** etc.,
**  
Appellant, **  CASE NOS. 3D02-751  
vs.  
**  LOWER TRIBUNAL  
ARNALDO VELEZ, et al., **  CASE NOS. 96-9527 94-16038  

Appellees. **
Opinion filed April 16, 2003.
An appeal from the Circuit Court of Miami-Dade County, Amy

Steele Donner, Judge. Hall, David & Joseph, for appellant. Coleman & Associates, for appellees.
Before JORGENSON, GREEN, and FLETCHER, JJ.
PER CURIAM.
After a careful review of this complex consolidated record, we find that the trial court erred in finding that the crossclaim and third party claim brought by Bird Lakes Development Corporation [Bird Lakes] against Arnaldo Velez, Taylor, Brion, Buker & Greene, Henry H. Taylor, Jr., Gerald Moore, James Moore and Robert Paterno [Velez] did not survive the dismissal entered in Case No. 96-09527CA which was consolidated with the instant action.1 This is so because none of the various pleadings filed nor the orders entered in connection with the dismissal refer to the claims between Bird Lakes and Velez, but address only the claims between Home Insurance Company and Bird Lakes.
Accordingly, we reverse the order of the trial court and remand for further proceedings.
1

This finding appears for the first time in the order on status
conference entered on February 12, 2002 which we conclude is a
final, appealable order of the crossclaim and third party claim.

2

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