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BUDD v. CASWELL

No. 266.

100 So.2d 85 (1958)

Marion D. BUDD, Appellant, v. Curtis C. CASWELL, Appellee.

District Court of Appeal of Florida. Second District.

February 5, 1958.

Attorney(s) appearing for the Case

Robert W. Lee (of Hornsby & Lee), Orlando, for appellant.

William McHardy Berson (of Sanders, McEwan & Berson), Orlando, for appellee.

PER CURIAM.

The appellant, Budd, who was plaintiff below, seeks reversal of a final judgment entered pursuant to an order sustaining appellee's motion to dismiss the third amended complaint.

The test of the action was whether or not the amended complaint alleged sufficient facts to constitute gross negligence under what is termed the "guest statute" — Section 320.59, Florida Statutes 1957, F.S.A. In part, the amended complaint alleged as follows:

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