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EXHIBITOR, INC. v. NATIONWIDE MUTUAL FIRE INSURANCE COMPANY

No. BI-299.

494 So.2d 288 (1986)

The EXHIBITOR, INC., Appellant, v. NATIONWIDE MUTUAL FIRE INSURANCE COMPANY, Appellee.

District Court of Appeal of Florida, First District.

September 18, 1986.

Attorney(s) appearing for the Case

Leonard E. Ireland, Jr. of Clayton, Johnston, Quincey, Ireland, Felder & Gadd, Gainesville, for appellant.

Bob G. Freemon, Jr. and Louis Schulman of Butler, Burnette & Freemon, Tampa, for appellee.

BARFIELD, Judge.

This is an appeal of an order under Florida Rule of Civil Procedure 1.420(b), dismissing with prejudice The Exhibitor's complaint after the close of its case in a non-jury trial. We find dismissal at that stage of the proceedings to have been in error and reverse.

Appellant owned a customized tractortrailer rig from which riding apparel and other merchandise was sold to horse fanciers at various equestrian events. The trailer had a side door...

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