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FULTON DISTRIB. CO. v. FIRST NATL. BK

No. 73-922.

301 So.2d 116 (1974)

FULTON DISTRIBUTING COMPANY OF FLORIDA, a Corporation, Appellant, v. FIRST NATIONAL BANK OF EAU GALLIE, a Banking Corporation, Appellee.

District Court of Appeal of Florida, Fourth District.

October 4, 1974.

Attorney(s) appearing for the Case

Edna L. Caruso, of Howell, Kirby, Montgomery, D'Aiuto, Dean & Hallowes, West Palm Beach, for appellant.

Eli H. Subin, of Subin, Shams & Rosenbluth, Orlando, for appellee.

PER CURIAM.

Upon review of the record on appeal and after consideration of the briefs and oral arguments for the respective parties, we determine that the trial court's erroneous instruction to the jury concerning comparative negligence constituted error harmful to the appellant-plaintiff, Fulton Distributing Company of Florida. The trial court was required to instruct the jury on the rule of comparative negligence as delineated...

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