SPEIGEL v. SOUTHERN BELL TELEPHONE AND TELEGRAPH COMPANY

No. 75-1958.

341 So.2d 832 (1977)

Lawrence J. SPEIGEL, As Personal Representative of the Estates of Nereida Garcia, a Minor, Deceased, On Behalf of Carlos Garcia and Jesus Garcia and the Estates of Nereida Garcia and Ileana Garcia, Deceased, Appellants, v. SOUTHERN BELL TELEPHONE AND TELEGRAPH COMPANY, a Foreign Corporation Authorized to Do Business in Florida, and Florida Power & Light Company, a Florida Corporation, Appellees.

District Court of Appeal of Florida, Third District.

January 25, 1977.


Attorney(s) appearing for the Case

Adams, George, Lee & Schulte and David L. Willing, Miami, for appellants.

Frates, Floyd, Pearson, Stewart, Proenza & Richman and James D. Little, Miami, for appellees.

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


PER CURIAM.

This is an appeal by plaintiffs from a final summary judgment entered in favor of the defendants in an action wherein the defendants were charged with negligently maintaining a light and telephone pole so near the highway that plaintiffs' driver was fatally injured when her automobile collided with the pole.

In his summary final judgment, the trial judge set forth the following, in pertinent part:

"ORDERED AND ADJUDGED that a utility company...

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