Michael Nearing, as Personal Representative of the Estate of Clara Ramos v. Ramiro A. Rodriguez, as Personal Representative of the Estate of Oria Faustina Bello, et al.

The Third District reversed a summary judgment that had dismissed most counts of an amended complaint as barred by the law of the case doctrine following an earlier appeal in the same litigation. The court held the trial court misread its prior Batista decision, which had expressly reinstated the conversion claim against all defendants including the estate's personal representative, and further held that new counts resting on facts and theories never presented in the first appeal — such as tortious interference with an expectancy arising from the ward's subsequent death — cannot be foreclosed by law of the case.

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