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BAIRD v. HUSTON

No. 2383.

227 So.2d 337 (1969)

Marjorie BAIRD and Milton Baird, Individually and D/B/a Baird Funeral Home, a Co-Partnership, Appellants, v. Louise HUSTON and Marvin James Leininger, Appellees.

District Court of Appeal of Florida. Fourth District.

Rehearing Denied November 10, 1969.

Attorney(s) appearing for the Case

John R. Beranek, of Jones, Adams, Paine & Foster, West Palm Beach, for appellants.

Will A. Nason, of Nason, Gildan & Yeager, West Palm Beach, and Irvin Frank, Jr., Fort Pierce, for appellee Huston.

Errol S. Willes of Willes, Bittan & Griffin, Fort Pierce, for appellee Leininger.

PER CURIAM.

Our review of the record convinces us that the issue of implied consent was properly a jury issue and accordingly we affirm on the authority of Thomas v. Atlantic Associates, Inc., 226 So.2d 100, Supreme Court Case, opinion filed July 30, 1969, and Whalen v. Hill, Fla.App. 1969, 219 So.2d 727. The other appellate points have been examined and found to be without merit.

Affirmed...

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