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URBANAK v. HINDE

Nos. 85-698, 85-1381.

497 So.2d 276 (1986)

Richard Lester URBANAK and Nancy Urbanak, His Wife, Appellants, v. John HINDE, Individually and As Agent of Charlie Toppino & Sons, Inc., and Charlie Toppino & Sons, Inc., a Florida Corporation, Hickman Moving and Storage Co., Inc., United Van Lines, Inc., a/K/a United Van Lines, and Bud Baldwin, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied November 26, 1986.

Attorney(s) appearing for the Case

Goodhart & Rosner and David N. Rosner, Feldman & Eden, Key West, Daniels & Hicks and Elizabeth K. Clarke and Ralph O. Anderson, for appellants.

Blank, Rome, Comisky & McCauley and H. Jack Klingensmith and John S. Freud, Pyszka, Kessler, Massey, Weldon, Catri, Holton & Douberley and William M. Douberley and Lee Marks, Eugene O'Neill, Vero Beach, for appellees.

Before HENDRY, HUBBART and DANIEL S. PEARSON, JJ.

DANIEL S. PEARSON, Judge.

Richard Urbanak, a plaintiff below, appeals from a final judgment entered on a favorable jury verdict from which the jury, pursuant to the trial court's instruction, deducted workers' compensation of a specified amount paid to Urbanak by the Federal Government.1 Because we conclude that the instruction and the consequent deduction were incorrect, we remand the case to the trial court with directions to enter a...

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