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NYE v. SEYMOUR

No. 78-2183.

392 So.2d 326 (1980)

Randy NYE, by and through His Parents, Natural Guardians and Next of Friends, Robert Nye and Ethel Nye, Appellants, v. Alphe SEYMOUR and Southern Bell Telephone and Telegraph Company, Appellees.

District Court of Appeal of Florida, Fourth District.

December 31, 1980.

Attorney(s) appearing for the Case

Frank Maloney, Jr., Fort Lauderdale, and Frank E. Hamilton, III, and Earle Lee Butler of Hamilton & Douglas, P.A., Fort Lauderdale, for appellants.

Davis W. Duke, Jr., and Eugene L. Heinrich of McCune, Hiaasen, Crum, Ferris & Gardner, Fort Lauderdale, for appellee, Southern Bell Tel. and Tel. Co.

PER CURIAM.

AFFIRMED.

BERANEK and HURLEY, JJ., concur.

DOWNEY, J., concurs specially, with opinion.

DOWNEY, Judge, concurring specially:

Appellee Seymour was an employee of appellee Southern Bell. His work required him to drive a van type vehicle owned by his employer. On the date in question Seymour had driven to his home for lunch and was in the process of backing the van out of his driveway...

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