MEDSEN DEVELOPMENT, INC. v. BRYANT

No. 79-717.

376 So.2d 423 (1979)

MEDSEN DEVELOPMENT, INC., Dolphin Construction Co., Inc., Steve Hessen, Individually, and Steve Hessen Construction Co., Inc., Appellants, v. George BRYANT and Cora Lee Bryant, His Wife, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied November 30, 1979.


Attorney(s) appearing for the Case

Underwood, Gillis, Karcher, Reinert & Valle and Anthony Reinert, Miami, for appellants.

Feldman, Abramson, Smith & Magidson; Daniels & Hicks, Miami, for appellees.

Before PEARSON, KEHOE and SCHWARTZ, JJ.


SCHWARTZ, Judge.

The defendants below seek review, pursuant to Fla.R.App.P. 9.130(a)(3)(C)(iv), of a non-final order entering summary judgment against them on the issue of liability in a personal injury action. The basis of the ruling was the appellants' asserted non-compliance with the registration provisions of the Fictitious Name Statute, Section 865.09, Fla. Stat. (1975). We reverse.

While the appellants may have employed what were arguably "fictitious...

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