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VALDES v. SMALLEY

No. 73-1327.

303 So.2d 342 (1974)

Miguel VALDES, Sr., As Father of Miguel Valdes, Jr., Deceased, and Samuel S. Smith, As Administrator of the Estate of Miguel Valdes, Jr., Deceased, Appellants, v. Peter SMALLEY, a Minor, by and through His Father, Next Friend and Natural Guardian, H. Earl Smalley, et al., Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied December 9, 1974.

Attorney(s) appearing for the Case

Wolfson & Diamond, Joe N. Unger, Miami Beach, for appellants.

Papy, Levy, Carruthers & Poole, Stephens, Magill, Thornton & Sevier, and Thomas A. Graham, III, Corlett, Merritt, Killian & Mascaro, Preddy, Haddad, Kutner & Hardy, Miami, for appellees.

Before BARKDULL, C.J., and HENDRY and NATHAN, JJ.

HENDRY, Judge.

This case presents a question of law similar to that raised in O'Dwyer v. Manchester Insurance Co., Fla.App. 1974, 303 So.2d 347, filed this date, except the issue is posed in an entirely different factual setting.

The appellants have filed this appeal from adverse summary judgments entered in favor of the automobile liability carriers of both the driver and passenger of the vehicle involved in this case....

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