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HUMBERSTONE v. MULLER

No. 73-630.

309 So.2d 63 (1975)

James A. HUMBERSTONE and Margaret B. Humberstone, His Wife, Appellants, v. Peter Henry MULLER, III, Appellee.

District Court of Appeal of Florida, Second District.

February 21, 1975.

Attorney(s) appearing for the Case

Herman W. Goldner of Goldner, Marger, Davis & Rightmyer, St. Petersburg, for appellants.

Donald V. Bulleit of Fowler, White, Gillen, Humkey, Kinney & Boggs, St. Petersburg, for appellee.

McNULTY, Chief Judge.

This case involves the applicability of the comparative negligence rule enunciated in Hoffman v. Jones1 to a case where trial was held after the Fourth District's decision in that case2 but prior to the Supreme Court's affirmance. We find that under the implementation directions in Hoffman we must quash the judgment and remand for a new trial since appellants timely requested that...

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