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A.S.J. DRUGS, INC. v. BERKOWITZ

No. 83-2767.

459 So.2d 348 (1984)

A.S.J. DRUGS, INC., D/B/a Deerfield Beach Drugs and Casualty Reciprocal Exchange, Appellants, v. Shirley B. BERKOWITZ, Colonial Penn Insurance Company, Jennie Greer and Robert A. Rosenblatt, Esquire, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied December 20, 1984.

Attorney(s) appearing for the Case

Anthony J. Beisler, III, of Anthony J. Beisler, P.A., Fort Lauderdale, for appellants.

Paula C. Kessler and John M. Kelley of Pyszka & Kessler, P.A., Fort Lauderdale, for appellees — Berkowitz and Colonial Penn Ins. Co.

Robert A. Rosenblatt of Gilmour, Morgan & Rosenblatt, Miami, for appellees — Greer and Rosenblatt.

GLICKSTEIN, Judge.

This is an appeal from an order dismissing with prejudice a second amended complaint. We affirm in part and reverse and remand in part.

The facts show that Jennie Greer, while delivering medicine and getting sandwiches on her lunch hour, was involved in an accident with Shirley Berkowitz. Greer sued Berkowitz and her insurance company, settling out of court for $45,000. At this time, there had been no claim under worker's compensation, and...

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