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DAVIDSON v. HOWARD

Nos. 80-2180, 80-2185.

438 So.2d 899 (1983)

Wayne DAVIDSON; W.D. Ranch, Inc., a Florida Corporation for Profit; W.D. Ranch, a Partnership Consisting of W.E. Davidson, R.C. Reilly, D.G. Snow, D. Charland, T. Jenkins, J.E. Beal, P. Arnett, Clyde Smith and United States Fidelity & Guaranty Company; and the Collier Company, Appellants, v. Audrey HOWARD, Personal Representative of Clifford Howard, Deceased, On Behalf of the Estate of Clifford Howard, Dale Howard and Audrey Howard, Appellees. Wayne Davidson; W.D. Ranch, Inc., a Florida Corporation for Profit; W.D. Ranch, a Partnership Consisting of W.E. Davidson, R.C. Reilly, D.G. Snow, D. Charland, T. Jenkins, J.E. Beal, P. Arnett, Clyde Smith and United States Fidelity & Guaranty Company; and Audrey Howard, Personal Representative of Clifford Howard, Deceased, On Behalf of the Estate of Clifford Howard, Dale Howard and Audrey Howard, Appellants/Cross Appellees, v. The COLLIER COMPANY, Appellee/Cross Appellant.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied November 8, 1983.

Attorney(s) appearing for the Case

Nancy Little Hoffman, P.A., Fort Lauderdale, for W.D. Ranch.

Arnold R. Ginsberg of Horton, Perse & Ginsberg, P.A., and George P. Telepas, P.A., Miami, for Audrey Howard.

G. William Allen, Jr., of Walton, Lantaff, Schroeder & Carson, Fort Lauderdale, for The Collier Company.

DOWNEY, Judge.

These consolidated appeals involve a judgment for the plaintiffs in a wrongful death action and a summary judgment on a cross claim for indemnity.

The evidence reflects that on February 23, 1976, Clifford Howard was killed when his gasoline truck hit a cow on State Road 84 during the night time. The cow, which got on the road through a 60 or 120 foot gap in a fence around the land on which it was grazing, was owned by Weiser and Freidheim, Incorporated...

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