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COLLINS v. HOLLAND

No. 81-560.

409 So.2d 1097 (1982)

Robert COLLINS, D.O., and Sharyn Collins, His Wife, Appellants, v. George Q. HOLLAND, As Personal Representative of the Estate of George R. Holland, Deceased, Florida Insurance Guaranty Association, As Ancillary Receiver for Consolidated Mutual Insurance Company, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied March 3, 1982.

Attorney(s) appearing for the Case

Schwartz, Klein & Steinhardt and Jay S. Weiss, Miami, for appellants.

Preddy, Kutner & Hardy and G. William Bissett, Miami, for appellees.

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

BASKIN, Judge.

Dr. Collins and his wife sued George Holland to recover for injuries sustained when Holland's dog bit Dr. Collins while he shopped in Holland's furniture store. Because appellants failed to substitute the personal representative following Holland's death, the case was dismissed. Dr. Collins then refiled his claim naming the personal representative of Holland's estate; his wife pursued her derivative claim. In response to appellees' motion for stay,...

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