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FLEMING v. AQUASLIDE `N' DIVE, INC.

No. 83-683.

449 So.2d 1293 (1984)

Gregory L. FLEMING, Appellant, v. AQUASLIDE `N' DIVE, INC., Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied May 15, 1984.

Attorney(s) appearing for the Case

Sidney H. Parrish and Paul B. Irvin, of Troutman, Parrish, Williams & Blankenship, P.A., Winter Park, for appellant.

Herbert R. Kanning, P.A., Jack W. Shaw, Jr., P.A., Mathews, Osborne, McNatt, Gobelman & Cobb, Jacksonville, for appellee.

PER CURIAM.

AFFIRMED.

DAUKSCH and FRANK D. UPCHURCH, Jr., JJ., concur.

SHARP, J., dissents with opinion.

SHARP, Judge, dissenting.

I dissent because I think summary judgment should not have been granted. The record presented material questions of fact concerning Aquaslide's duty to provide warnings and instructions as to the size and depth of a pool necessary to ensure the safe use of the diving board involved in this diving accident...

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