POST v. LUNNEY

No. 41077.

261 So.2d 146 (1972)

Marjorie Merriweather POST, Petitioner, v. Bernice LUNNEY and James Lunney, Respondents.

Supreme Court of Florida.

April 5, 1972.


Attorney(s) appearing for the Case

John R. Beranek, and L. Martin Flanagan, of Jones, Paine & Foster, West Palm Beach, for petitioner.

John A. Gentry, III, of Moyle, Gentry & Jones, West Palm Beach, for respondents.

Robert Orseck, of Podhurst, Orseck & Parks, Miami, for Florida Trial Lawyers and The American Trial Lawyers Assn., amicus curiae.


ERVIN, Justice.

After filing its decision in Lunney v. Post, Fla.App. 1971, 248 So.2d 504, the District Court of Appeal, Fourth District, entered an order certifying the following question as one of great public interest:

"Under the facts and circumstances revealed in this opinion, did the plaintiff, Mrs. Lunney, occupy the status of an invitee under either (1) the invitation test stated in Second Restatement of Torts,...

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