NUNNALLY v. MIAMI HERALD PUBLISHING COMPANY

No. 71-1413.

266 So.2d 76 (1972)

John NUNNALLY, a Minor, by and through His Father and Next Friend, Amos Nunnally, and Amos Nunnally, Individually, Appellants, v. The MIAMI HERALD PUBLISHING COMPANY, a Florida Corporation, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied September 19, 1972.


Attorney(s) appearing for the Case

Julius H. Erstling, South Miami, for appellants.

Adams, George & Wood, Jeanne Heyward, Miami, for appellee.

Before CHARLES CARROLL, HENDRY and HAVERFIELD, JJ.


HENDRY, Judge.

Appellant-plaintiffs John Nunnally, a minor, and his father, Amos Nunnally, seek review of a final judgment entered against them pursuant to a motion made by the appellee-defendant, the Miami Herald Publishing Company, at the close of plaintiffs' case in a non-jury trial. Their action was pursued under the attractive nuisance theory.

The facts, when reviewed in the light most favorable to the appellant-plaintiffs are that the minor son, then...

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