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DARRELL SWANSON CONSOL. SERVICES v. DAVIS

No. AO-170.

433 So.2d 651 (1983)

DARRELL SWANSON CONSOLIDATED SERVICES, Appellant, v. Floyd DAVIS, Appellee.

District Court of Appeal of Florida, First District.

June 27, 1983.

Attorney(s) appearing for the Case

H. Randall Fallin, P.A., Jacksonville, for appellant.

John R. Forbes, P.A., Jacksonville, for appellee.

ZEHMER, Judge.

Darrell Swanson Consolidated Services (Swanson) appeals a final judgment awarding Floyd Davis damages for Swanson's failure to perform under a 50,000 mile or six months warranty of repairs made to Davis's diesel-powered truck. Swanson makes three complaints:

1. The trial court erred during his non-jury trial in not applying the doctrine of comparative negligence to reduce the amount of appellee's damages...

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