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QUACKENBUSH v. PERFORMANCE MARINE, INC.

No. 82-2444.

441 So.2d 679 (1983)

Peter QUACKENBUSH, Appellant, v. PERFORMANCE MARINE, INC., a Florida Corporation, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied December 15, 1983.

Attorney(s) appearing for the Case

Jerome Bill Ullman, Miami, for appellant.

Horton, Perse & Ginsberg, and Arnold Ginsberg and Malcom Friedman, Miami, for appellee.

Before SCHWARTZ, C.J., and HENDRY and FERGUSON, JJ.

PER CURIAM.

By this appeal defendant claims (1) it was error for the trial court to enter a judgment on the basis of negligence when the case was not pleaded or tried on a theory of negligence, (2) there is no evidence to support a judgment for the plaintiff on a theory of negligent management, and (3) there is no evidence to support damages in the amount of $30,000.

On the first point we affirm. Plaintiff's motion...

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