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OTAOLA v. CUSANO'S ITALIAN BAKERY

No. 3D11-1449.

103 So.3d 993 (2012)

Marisela OTAOLA, Individually and as Administrator and/or Personal Representative of the Estate of Omar Otaola, deceased, and as Natural Guardian of Joanna and Jessica Otaola, the surviving children, Appellants, v. CUSANO'S ITALIAN BAKERY, Appellee.

District Court of Appeal of Florida, Third District.

December 19, 2012.

Attorney(s) appearing for the Case

Ratzan Law Group and Stuart N. Ratzan , Miami, for appellants.

Kubicki Draper and Betsy E. Gallagher , Tampa, for appellee.

Before LAGOA, SALTER, and EMAS, JJ.

SALTER, J.

Marisela Otaola, individually and as personal representative of the estate of her late husband, Omar Otaola, and as the guardian of the couple's two minor children, appeals a circuit court order dismissing with prejudice her wrongful death lawsuit against Cusano's Italian Bakery. The unusual issue presented is whether a pre-suit settlement and payment of policy limits ($1,000,000.00) by one of Cusano's insurers (Allstate Insurance, a non-party) without...

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