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RED TOP SEDAN v. APPLEBAUM

No. 85-2303.

495 So.2d 786 (1986)

RED TOP SEDAN and Emanuel D. Mustillo, Appellants, v. Isadore APPLEBAUM, Janet Applebaum, Francine Applebaum, United Bus Owners of America, Henri C. Janneau and State Farm Mutual Automobile Insurance Company, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied October 31, 1986.

Attorney(s) appearing for the Case

John M. Camillo of Morgaman & Camillo, Fort Lauderdale, for appellants.

L. Kenneth Barnett and Susan M. Utkus of Barnett & Clark, P.A., Fort Lauderdale, for appellee Henri C. Janneau.

PER CURIAM.

We reverse the summary final judgment entered in this automobile negligence action in favor of one of the defendant drivers, Henri C. Janneau. In doing so we acknowledge that all of the known witnesses to the accident gave testimony which in essence concluded that there was nothing that Janneau could do to avoid a collision with a phantom automobile that ran a stop sign and pulled out in front of him. The appellants, codefendants in the action, are the...

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