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LEWIS v. HORNE

Nos. 85-2057, 85-2099.

495 So.2d 780 (1986)

Michael LEWIS, Appellant, v. David HORNE, Individually, David Horne and Donald Gist, Individually, Jointly and Severally and As Partners of a Florida Partnership D/B/a Atlantis Chevron, a Partnership, Atlantis Sea Ventures, Inc., and Insurance Company of North America, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied October 29, 1986.

Attorney(s) appearing for the Case

Horton, Perse & Ginsberg and Edward Perse, Kaplan & Hodin, Miami, for appellant.

Wicker, Smith, Blomqvist, Tutan, O'Hara, McCoy, Graham & Lane and Shelley H. Leinicke, Miami, for appellees.

Before BARKDULL, HENDRY and HUBBART, JJ.

PER CURIAM.

This is an appeal and cross appeal from a final judgment entered in a negligence action after a jury trial on damages only. We affirm in part and reverse in part.

First, we disagree with the plaintiff Michael Lewis on his main appeal that the trial court erred in directing a verdict at trial in favor of the defendants Donald Gist and the defendants David Horne and Donald Gist d/b/a Atlantis Chevron, a partnership. Although a prior default had been...

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