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BOURNAZIAN v. STUYVESANT INSURANCE COMPANY

No. 73-945.

303 So.2d 71 (1974)

Royce S. BOURNAZIAN and Linda Bournazian, Appellants, v. STUYVESANT INSURANCE COMPANY, a Corporation, et al., Appellees.

District Court of Appeal of Florida, Second District.

November 13, 1974.

Attorney(s) appearing for the Case

Wagner, Cunningham, Vaughan, Hapner & May, Tampa, and Podhurst, Orseck & Parks, Miami, for appellants.

Henderson, Franklin, Starnes & Holt, Fort Myers, for appellees.

GRIMES, Judge.

In Hoffman v. Jones, Fla. 1973, 280 So.2d 431, at page 439, the Florida Supreme Court said:

"In the usual situation where the negligence of the plaintiff is at issue, as well as that of the defendant, there will undoubtedly be a counterclaim filed. The cross-plaintiff (just as plaintiff in the main suit) guilty of some degree of negligence would be entitled to a verdict awarding him such damages as in the...

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