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THOMAS AWNING & TENT CO. v. TOBY'S TWELFTH CAFETERIA, INC.

No. 66-901.

204 So.2d 756 (1967)

THOMAS AWNING & TENT CO., Inc., a Florida Corporation, Appellant, v. TOBY'S TWELFTH CAFETERIA, INC., a Florida Corporation, Appellee.

District Court of Appeal of Florida. Third District.

December 5, 1967.

Attorney(s) appearing for the Case

Poole & Vogelsang, Miami, for appellant.

Carey, Dwyer, Austin, Cole & Selwood and Edward A. Perse, Miami, for appellee.

Before PEARSON and HENDRY, JJ., and DURDEN, WILLIAM L., Associate Judge.

DURDEN, WILLIAM L., Associate Judge.

The basic incident out of which this law suit arises has been to this court before. See Beebe v. Kaplan and Thomas Awning & Tent Co., 177 So.2d 869 (Fla.App. Third District 1965). We held there that the injured party, Anna Beebe, was entitled to a jury trial in her cause of action for negligence against Kaplan but affirmed the trial judge in granting a motion for summary judgment in favor...

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