Opinion
No. 2383.
September 29, 1969. Rehearing Denied November 10, 1969.
Appeal from Circuit Court for St. Lucie County; D.C. Smith, Judge.
John R. Beranek, of Jones, Adams, Paine Foster, West Palm Beach, for appellants.
Will A. Nason, of Nason, Gildan Yeager, West Palm Beach, and Irvin Frank, Jr., Fort Pierce, for appellee Huston.
Errol S. Willes of Willes, Bittan Griffin, Fort Pierce, for appellee Leininger.
Our review of the record convinces us that the issue of implied consent was properly a jury issue and accordingly we affirm on the authority of Thomas v. Atlantic Associates, Inc., 226 So.2d 100, Supreme Court Case, opinion filed July 30, 1969, and Whalen v. Hill, Fla.App. 1969, 219 So.2d 727. The other appellate points have been examined and found to be without merit.
Affirmed.
WALDEN, REED and OWEN, JJ., concur.