ED RICKE & SONS v. GREEN BY AND THROUGH SWAN

No. 64483.

468 So.2d 908 (1985)

ED RICKE AND SONS, INC., a Florida Corporation, Petitioner, v. Demetrius Octavius GREEN, a Minor, By and Through His Guardian of the Property, Edward P. SWAN, Esq., Respondent.

Supreme Court of Florida.

Rehearing Denied June 4, 1985.


Attorney(s) appearing for the Case

Wicker, Smith, Blomqvist, Tutan, O'Hara, McCoy, Graham & Lane, and Richard A. Sherman of the Law Offices of Richard A. Sherman, Fort Lauderdale, for petitioner.

Sam Daniels and Patrice A. Talisman of Daniels & Hicks, and Feldman, Abramson, Smith, Magidson & Levy, Miami, for respondent.


ADKINS, Justice.

We review the opinion of the Third District Court of Appeal in Green v. Ed Ricke and Sons, Inc., 438 So.2d 25 (Fla. 3d DCA 1983), which directly conflicts with Earl Hollis Inc. v. Frasier Mortgage Co., 403 So.2d 1038 (Fla. 4th DCA 1981), on the same point of law. We have jurisdiction. Art. V, § 3(b)(3), Fla. Const.

On March 13, 1977, three-year-old Demetrius...

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