WEAVER v. COX

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.