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FELLOWS v. CITIZENS FEDERAL SAVINGS & LOAN ASSOCIATION OF ST. LUCIE COUNTY

No. 77-2545.

383 So.2d 1140 (1980)

Dennis W. FELLOWS and Denise M. Fellows, a Minor, by and through Her Next Friend, Dennis W. Fellows, Appellants, v. CITIZENS FEDERAL SAVINGS & LOAN ASSOCIATION OF ST. LUCIE COUNTY, Florida, and Bank Building Corporation of America, Appellees.

District Court of Appeal of Florida, Fourth District.

May 21, 1980.

Attorney(s) appearing for the Case

Thomas Mitchell Barlow, Jr., and S. Lindsey Holland, Jr. of Crofton, Holland, Starling, Harris & Severs, P.A., Melbourne, for appellants.

Marjorie D. Gadarian of Jones & Foster, P.A., West Palm Beach, for appellees.

BERANEK, Judge.

Plaintiff appeals from a summary judgment in favor of the defendants. We affirm. The facts are that the plaintiff was proceeding on Highway U.S. 1 when he had car trouble. He left the highway and entered a driveway on the property of Citizens Federal Savings & Loan Association. This driveway area was under construction by the second defendant, Bank Building Corporation of America. Plaintiff was not a customer of the Bank and was using the driveway...

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