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HERNANDEZ v. HOME DEPOT U.S.A., INC.

Nos. 96-1790, 96-2907.

695 So.2d 484 (1997)

Miriam HERNANDEZ, Appellant, v. HOME DEPOT U.S.A., INC., a foreign corporation, Appellee. HOME DEPOT U.S.A., INC., a foreign corporation, Appellant, v. Miriam HERNANDEZ, Appellee.

District Court of Appeal of Florida, Third District.

June 11, 1997.

Attorney(s) appearing for the Case

Miriam Hernandez, in proper person.

Wicker, Smith, Tutan, O'Hara, McCoy, Graham & Ford and Shelley H. Leinicke and Samuel A. Coffey, Fort Lauderdale, for Home Depot, U.S.A., Inc.

Before SCHWARTZ, C.J., and JORGENSON and SORONDO, JJ.

SCHWARTZ, Chief Judge.

After a jury verdict for the defendant Home Depot in a premises liability case in which the plaintiff was allegedly injured when an open can of insecticide perched on a high shelf fell into her eyes, the trial judge first denied a timely filed motion for new trial. Subsequently, however—purportedly but unauthorizedly pursuant to an order of this court which relinquished jurisdiction in the appeal (case no. 96-1790) by the plaintiff from...

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