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PORT EVERGLADES TERMINAL CO. v. TRANSPORT

No. 75-566.

333 So.2d 512 (1976)

PORT EVERGLADES TERMINAL COMPANY, Appellant, v. TRANSPORT INSURANCE COMPANY, As Subrogee of William J. Griffin, and William J. Griffin, Individually, Appellees.

District Court of Appeal of Florida, Fourth District.

Recalled and Republished August 13, 1976.

Attorney(s) appearing for the Case

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

Tully Scott and Robyn Greene, of Corlett, Merritt, Killian & Sikes, Miami, for appellee, Transport Ins. Co.

T.W. Montgomery, of Jones & Montgomery, Fort Lauderdale, for appellee, William J. Griffin.

PER CURIAM.

AFFIRMED.

DOWNEY, J., and ANDREWS, JOHN, Associate Judge, concur.

WALDEN, C.J., dissents with opinion.

WALDEN, Chief Judge (dissenting):

It is my view that the judgment in favor of plaintiffs should be reversed and remanded for a new trial. This is a negligence case. The trial court directed a verdict in favor of plaintiffs as a matter of law. I feel that this was error because from the facts, circumstances and allowable...

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