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BORDERS v. LIBERTY APARTMENT CORP.

No. 80-2116.

407 So.2d 232 (1981)

Theodore BORDERS, As Personal Representative of the Estate of Hilda Mae Borders, Deceased, and On Behalf of Theodore Borders, Appellant, v. LIBERTY APARTMENT CORPORATION and Bonded Rental Agency, Inc., Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied January 6, 1982.

Attorney(s) appearing for the Case

Ser, DeCardenas, Levine, Busch & Allen and M. Carmen Dominguez, Miami, for appellant.

A. John Goshgarian and Howard Hochman, Conroy & Simberg and Bruce F. Simberg, Miami, for appellees.

Before DANIEL S. PEARSON, FERGUSON and JORGENSON, JJ.

FERGUSON, Judge.

Theodore Borders as personal representative of the Estate of Hilda Mae Borders and individually sued appellees alleging that negligence of appellees in maintaining premises resulted in the death of Hilda. Appellees moved for summary judgment claiming that Theodore Borders was not the proper personal representative of the Estate of Hilda Mae Borders and was not a beneficiary under the wrongful death statute as he was not married to the decedent on...

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