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FELTON v. WEST GABLES HOMES, INC.

No. 85-1332.

484 So.2d 639 (1986)

William L. FELTON, As Personal Representative of the Estate of Clint James Felton, Deceased, Appellant, v. WEST GABLES HOMES, INC., Popular Construction Corporation and Iber-Trade, Inc., Appellees.

District Court of Appeal of Florida, Third District.

March 11, 1986.

Attorney(s) appearing for the Case

Frates & McCall and William Frates, II and Brian P. Phillips, Palm Beach, for appellant.

Frates, Bienstock & Sheehe and Phillip Sheehe, Ponzoli & Wassenberg and Steven Sundook, Miami, for appellees.

Before SCHWARTZ, C.J., and HENDRY and BASKIN, JJ.

PER CURIAM.

The record demonstrates the existence of genuine issues, among others, as to whether the decedent was an implied invitee on defendant's premises who was owed a duty of reasonable care under the doctrine contained in Restatement (Second) of Torts § 367 (1965), see Holland Builders, Inc. v. Leck, 395 So.2d 579 (Fla. 4th DCA 1981), pet. for rev. dismissed, 402 So.2d 610 (Fla. 1981); Rogers v. Bray,

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