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VIVIANO v. HURRY KANE INN, INC.

No. AP-282.

436 So.2d 265 (1983)

Peter VIVIANO, Appellant, v. HURRY KANE INN, INC., and South Carolina Insurance Co., Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied August 25, 1983.

Attorney(s) appearing for the Case

Bill McCabe, of Shepherd, McCabe & Cooley, and J. David Parrish, of Hurt & Parrish, Orlando, for appellant.

Janet R. DeLaura, of Smalbein, Eubank, Johnson, Rosier & Bussey, P.A., Rockledge, for appellees.

PER CURIAM.

AFFIRMED.

MILLS and BOOTH, JJ., concur.

SHIVERS, J., dissents, with opinion.

SHIVERS, Judge, dissenting:

I respectfully dissent. The sole medical testimony clearly establishes that claimant's heart condition was the result of claimant's spreading mulch on the premises. The treating physician, a cardiologist, testified that, in his opinion, within reasonable medical probability, the heart attack resulted from the activity...

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