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JOHNSON v. RICHARD T. BYRNES COMPANY

No. 85-2144.

492 So.2d 1112 (1986)

Worrell JOHNSON, Appellant/Cross-Appellee, v. RICHARD T. BYRNES COMPANY, Inc., Appellee/Cross-Appellant.

District Court of Appeal of Florida, Third District.

Rehearing Denied September 10, 1986.

Attorney(s) appearing for the Case

Fuller & Feingold and Lawrence Fuller, for appellant.

Corlett, Killian, Hardeman, McIntosh & Levi and Leanne J. Frank and Scott McNary, for appellee.

Before SCHWARTZ, C.J., and NESBITT and FERGUSON, JJ.

PER CURIAM.

Johnson appeals a judgment in accordance with a motion for directed verdict entered in favor of Richard T. Byrnes Co., Inc. (Byrnes). Byrnes cross-appeals, contending that if a reversal of the judgment is indicated, it is entitled to a new trial. We reverse the judgment in favor of Byrnes and find that the errors claimed on cross-appeal were either not preserved or are without merit.

In West v. Caterpillar Tractor Co., 336...

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