LUNNEY v. POST

No. 69-807.

248 So.2d 504 (1971)

Bernice LUNNEY and James Lunney, Appellants, v. Marjorie Merriweather POST, Appellee.

District Court of Appeal of Florida, Fourth District.

Question Certified May 18, 1971.


Attorney(s) appearing for the Case

John A. Gentry, III, of Moyle, Gentry & Jones, West Palm Beach, for appellants.

John A. Beranek, of Jones, Paine & Foster, West Palm Beach, for appellee.


WALDEN, Judge.

Plaintiff-appellant, Bernice Lunney, in her amended complaint alleged she was injured in defendant's home while taking a Garden Club sponsored tour of defendant's property. The trial judge instructed the jury that plaintiff was a licensee and the jury found for defendant on that basis. We believe that instruction to be in error and therefore reverse.

Defendant, an honorary Garden Club member, graciously allowed her estate to be included in a...

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