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EQUITABLE LIFE ASSUR. SOC. v. FAIRBANKS

No. 79-2079.

400 So.2d 550 (1981)

EQUITABLE LIFE ASSURANCE SOCIETY OF the UNITED STATES, Appellant, v. Jeanne F. FAIRBANKS, Appellee.

District Court of Appeal of Florida, Fourth District.

July 1, 1981.

Attorney(s) appearing for the Case

Cynthia S. Prettyman of Montgomery, Lytal, Reiter, Denney & Searcy, P.A., West Palm Beach, for appellant.

Gerald M. Wochna of LaValle, Wochna, Rutherford, Maher & Truesdell, P.A., Boca Raton, for appellee.

MOORE, Judge.

The appellant, defendant at trial, appeals an order granting a new trial. We affirm.

Subsequent to a jury trial and after hearing argument on the plaintiff's motion for new trial, the trial court entered the following order:

1. The trial of this cause involved a slip and fall by Plaintiff at Defendant's shopping center allegedly caused by Defendant's failure to properly clean up an oil spot...

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