YORKE v. NOBLE

No. 84-1424.

466 So.2d 349 (1985)

Sue A. YORKE and Stanley Yorke, Appellants, v. Jerry NOBLE and Elizabeth Noble, His Wife, and Cambridge Mutual Insurance Company, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing and/or Clarification Denied April 26, 1985.


Attorney(s) appearing for the Case

Mark L. Weinstein of Schwartz, Klein, Steinhardt, Weiss & Weinstein, P.A., North Miami Beach, for appellants.

James G. Salerno of Pyszka & Kessler, P.A., Ft. Lauderdale, for appellees.


GOLDMAN, M., Associate Judge.

Plaintiffs sued for damages received as a result of a dog bite. The first Count of a two count amended complaint sought damages pursuant to F.S. 767.04. The second count alleged Defendants' negligent maintenance of their premises.

Defendants' motion to dismiss Count II was granted without leave to amend. Defendant filed a motion for summary judgment as to Count I, which motion was granted and this appeal was then timely filed...

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