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LEAH WEAVER, APPELLANT, v. FRANK COX, PEGGY COX, SALLYE O. BATES, ANNE O. COX, SHERI C. WRIGHT, PAN AMERICAN CORPORATION, APPELLEES.

PER CURIAM.

We agree with the appellant that the trial court erred in concluding that the final judgment on Count I of the complaint precluded her from proceeding on Count VII. Count VII was based on different facts as well as a different theory of recovery, and the final judgment on Count I was not conclusive as to Count VII.

Reversed.

GUNTHER, C.J., and KLEIN and STEVENSON, JJ., concur.

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WEAVER v. COX
(Jun 26, 1996)