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FLORIDA POWER AND LIGHT CO. v. LIVELY

No. 81-1571.

465 So.2d 1270 (1985)

FLORIDA POWER AND LIGHT COMPANY, Appellant, v. Glenn V. LIVELY, Sr. and Barbara Lively, His Wife, Appellees.

District Court of Appeal of Florida, Third District.

March 5, 1985.

Attorney(s) appearing for the Case

Richard E. Hardwick, Coral Gables, Daniels & Hicks and Mark Hicks, Miami, for appellant.

Bartel, Shuford & Dubitsky; Morgan, Lewis & Bockius and Paul J. Levine, Miami, for appellees.

Before SCHWARTZ, C.J., and HENDRY, BARKDULL, HUBBART, NESBITT, BASKIN, PEARSON, FERGUSON and JORGENSON, JJ.

OPINION ON REHEARING EN BANC1

BARKDULL, Judge.

This is an appeal by Florida Power and Light Company (FPL) from an adverse jury verdict arising out of the collision of a single engine airplane, while in an emergency situation, with two static lines attached to the top of FPL's electrical transmission towers, located 8.7 miles from Miami International Airport (MIA) and 102 feet from the ground. Prior to trial the parties stipulated...

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