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ROBINSON v. GALE

No. 79-1922.

380 So.2d 513 (1980)

George ROBINSON, Individually and As Personal Representative of the Estate of Jean Robinson, Deceased, Petitioner, v. John GALE, Judge of the Circuit Court of the Eleventh Judicial Circuit, Respondent, and Allstate Insurance Company, Morris Beck, Eugene Willard Simmons, Joyce Simmons, Charles Kreiker, Eutychos Rolle and Industrial Fire and Casualty Company, Defendants below.

District Court of Appeal of Florida, Third District.

February 26, 1980.

Attorney(s) appearing for the Case

Alan Goldfarb and Joel Lumer, Miami, for petitioner.

Weissenborn & Burr and Lee Weissenborn, Miami, for respondent.

Before HENDRY, HUBBART and SCHWARTZ, JJ.

PER CURIAM.

By this petition for prohibition/mandamus, which we treat as a timely petition for a writ of certiorari, see Fla.R.App.P. 9.040(c), we are asked to review an order of the trial court granting a motion for summary judgment on liability for the defendants [Eugene Willard, a/k/a Eugene Willard Simmons, Joyce Simmons and Allstate Insurance Company] in this wrongful death action.

We grant the petition for writ of certiorari and quash the order under...

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