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PORTER v. ALLSTATE INS. CO.

No. 86-101.

497 So.2d 927 (1986)

Walter PORTER and Kay Porter, Individually, and Walter Porter As Next Friend of Michael T. Porter, a Minor, Appellants, v. ALLSTATE INSURANCE COMPANY, an Illinois Corporation; and Dr. L. Earl Wingo, Appellees.

District Court of Appeal of Florida, Fifth District.

November 13, 1986.

Attorney(s) appearing for the Case

Meredith S. Power, Belleview, and Salvatore D. Mollica, Gainesville, for appellants.

Ralph J. McMurphy of Green, Simmons, Green, Hightower & Gray, P.A., Ocala, for appellees.

COBB, Judge.

The issue in this case is whether a four year old child can be deemed to have mischievously provoked or aggravated a dog, thereby precluding the owner's liability pursuant to section 767.04, Florida Statutes (1985), which provides:

767.04 Dog owner's liability for damages to persons bitten. — The owners of any dog which shall bite any person, while such person is on or in a public place, or lawfully on or in a private place, including...

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