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AETNA CAS. & SUR. CO. v. KELLEY

No. 75-1388.

340 So.2d 953 (1976)

AETNA CASUALTY & SURETY COMPANY, for Its Own Use and Benefit and for the Use and Benefit of Juan E. Roman, and Lidia Ester Roman, Appellant, v. Arthur KELLEY et al., Appellees.

District Court of Appeal of Florida, Second District.

Rehearings Denied January 17, 1977.

Attorney(s) appearing for the Case

Wagner, Cunningham, Vaughan, Hapner, May & Genders, Tampa, Robert Orseck, of Podhurst, Orseck & Parks, Miami, and Susan Goldman, Miami, for appellant.

Marjorie D. Gadarian, of Jones, Paine & Foster, West Palm Beach, for appellees.

FOGLE, HARRY W., Associate Judge.

Plaintiff/appellant appeals from an order granting defendants'/appellees' motion for a mistrial and, in the alternative, granting appellees' motion for a new trial.

Juan Roman worked for a landscaping concern and as part of his job, went almost every day to Kelley's Gardens, a nursery which raised coconut palms. On Sunday, April 23, 1972, Roman went to the nursery and told one Pyles that he was there to get a tree. Pyles was...

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