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ALLS v. 7-ELEVEN FOOD STORES, INC.

No. 77-2325.

353 So.2d 202 (1977)

Walter Lee ALLS, a Minor, by His Father and Next Friend, Monroe Alls, and Monroe Alls, Individually, Plaintiffs, v. 7-ELEVEN FOOD STORES, INC., and Crystal Springs Water Company, a Division of Borden, Inc., Defendants.

District Court of Appeal of Florida, Third District.

December 20, 1977.

Attorney(s) appearing for the Case

Kuvin, Klingensmith & Lewis and R. Fred Lewis, Coconut Grove, Gaine & Gaine, Miami, for plaintiffs.

Adams, George, Schulte & Ward, Miami, for defendants.

Before NATHAN, HUBBART and KEHOE, JJ.

PER CURIAM.

A judge of the circuit court for the Eleventh Judicial Circuit of Florida has certified a question of law to this court pursuant to Fla.App. Rule 4.6, to wit:

"Whether a defendant against whom a default judgment has been entered may assert non-liability by means of a liability defense which has been the basis of the entry of a summary judgment in favor of a separate defendant, not in default, and when the defense is the total negligence of the...

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