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LINGEFELT v. HANNER

No. 59-483.

125 So.2d 325 (1960)

William Hyman LINGEFELT, in his own right, and William Hyman Lingefelt, as Administrator of the Estate of Thelma Louise Lingefelt, deceased, Appellants, v. Herbert L. HANNER and Ruby Hanner, Appellees.

District Court of Appeal of Florida. Third District.

December 22, 1960.

Attorney(s) appearing for the Case

Murray D. Shear, and Gerald Kogan, Miami, for appellants.

Walton, Lantaff, Schroeder, Atkins, Carson & Wahl, Miami, for appellees.

HORTON, Chief Judge.

Plaintiffs below seek review of an order dismissing their complaint with prejudice. By this order, the trial court determined as a matter of law that "the alleged failure to leave the automobile ignition locked is not a proximate cause of the alleged accident." In their complaint the plaintiffs alleged:

"On December 5, 1958 the Defendant, Herbert L. Hanner did negligently and carelessly with negligent disregard of the lives and safety...

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