ANGELL v. F. AVANZINI LUMBER CO.

No. 77-1643.

363 So.2d 571 (1978)

Mary M. Cummins ANGELL, Formerly Mary M. Cummins, As Administratrix of the Estate of Robert A. Cummins, Sr., Deceased, Appellant, v. F. AVANZINI LUMBER CO., a Florida Corporation and Donald Kabrich, an Individual, Appellees.

District Court of Appeal of Florida, Second District.

As Modified on Denial of Rehearing October 25, 1978.


Attorney(s) appearing for the Case

Gregory L. Macy, of Hamilton, Douglas & Bennett, Tampa, for appellant.

John H. Piccin, of Pattillo, MacKay & McKeever, Ocala, for appellees.


HOBSON, Acting Chief Judge.

Appellant/plaintiff, Mary M. Cummins Angell, as administratrix of the estate of Robert A. Cummins, Sr., deceased, appeals the dismissal of her second amended complaint for failure to state a cause of action. The complaint contained two counts: 1) common law negligence, and 2) negligence based upon appellees' breach of Section 790.17, Florida Statutes, which forbids the sale of weapons to minors and persons of unsound mind. We reverse as...

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