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Batlemento v. Pizza Boy, Inc.

District Court of Appeal of Florida, Fifth District

Mar 13, 1986

488 So. 2d 837 (Fla. Dist. Ct. App. 1986)

Opinion

No. 85-467.

March 13, 1986. Rehearings Denied April 23 and 24, 1986.

Appeal from the Circuit Court for Orange County; B.C. Muszynski, Judge.

Charles Evans Davis of Fishback, Davis, Dominick, Bennett, Owens Watts, Orlando, for appellants/cross-appellees.

Richard H. Adams, Jr., and Douglas C. Spears of Smathers, Pleus, Adams, Fassett Divine, P.A., Orlando, for appellee/cross-appellant.

PER CURIAM.

Affirmed.

COBB, C.J., and ORFINGER J., concur.

SHARP, J., dissents with opinion.

SHARP, Judge, dissenting.

I dissent because I think error occurred in failing to instruct the jury as requested by appellants, which merits a new trial.