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ORFALY v. JEFFRIES

No. 73-565.

290 So.2d 575 (1974)

Victor David ORFALY, Appellant, v. Raymond JEFFRIES and Fireman's Fund Insurance Company, Etc., Appellees.

District Court of Appeal of Florida, Third District.

February 27, 1974.

Attorney(s) appearing for the Case

Wilson, Burns & Browd, Miami, for appellant.

Corlett, Merritt, Killian & Mascaro and Robyn Greene, Miami, for appellees.

Before BARKDULL, C.J., and PEARSON and HAVERFIELD, JJ.

ON PETITION FOR REHEARING

PER CURIAM.

Following a review of the petition for rehearing in this cause, the opinion filed heretofore in this cause on December 21, 1973 be and the same is hereby withdrawn. Substituted in place thereof is the following opinion.

The question to be determined on this appeal is whether or not the plaintiff in the trial court "appropriately and properly" raised the applicability of a comparative negligence charge. The matter...

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