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KELLY TRACTOR COMPANY v. GURGIOLO

No. 78-1354.

369 So.2d 992 (1979)

KELLY TRACTOR COMPANY, Appellant, v. Donald GURGIOLO, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied May 9, 1979.

Attorney(s) appearing for the Case

Mershon, Sawyer, Johnston, Dunwody & Cole and Timothy J. Norris, Miami, for appellant.

Corlett, Merritt, Killian & Sikes, Miami and Gerald E. Rosen, North Miami Beach, for appellee.

Before PEARSON, HENDRY and HUBBART, JJ.

PER CURIAM.

The final judgment appealed from is reversed and the cause remanded to the trial court with directions to dismiss the plaintiff Donald Gurgiolo's complaint against the defendant Kelly Tractor Company on the ground that the cause of action sued upon was barred by the applicable four year statute of limitations under Section 672.2-725(1), (2), Florida Statutes (1967).

The plaintiff brought suit against the defendant in this cause, and thereafter...

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