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HYLAZEWSKI v. WET 'N WILD, INC.

No. 82-1000.

432 So.2d 1371 (1983)

Valerie HYLAZEWSKI, et Vir, Appellants, v. WET 'N WILD, INC., etc., and Empire Fire and Marine Insurance Company, Etc., Appellees.

District Court of Appeal of Florida, Fifth District.

June 16, 1983.

Attorney(s) appearing for the Case

Curtis G. Levine of Baskin & Sears, P.A., Boca Raton, for appellants.

Leslie King O'Neal of Markel, McDonough & O'Neal, P.A., Orlando, for appellees.

ORFINGER, Chief Judge.

Appellants, plaintiffs below, appeal the final order dismissing their action for damages, contending that their second amended complaint stated a cause of action and should not have been dismissed on appellee's motion. We agree and reverse.

Count I of plaintiffs' second amended complaint alleged in substance that plaintiff Valerie Hylazewski (plaintiff hereafter) was a paying patron of defendant's swimming facility; that while she was...

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