STARLING v. SAHA

No. 85-633.

491 So.2d 356 (1986)

Dewayne Y. STARLING and Wilma C. Starling, As Personal Representative of the Estate of Chad Y. Starling, Appellants, v. Asis SAHA and Barbara Saha, Appellees.

District Court of Appeal of Florida, Fifth District.

July 24, 1986.


Attorney(s) appearing for the Case

R. Lee Dorough of Whitaker and Koepke, Orlando, for appellants.

Charles T. Wells of Wells, Gattis & Hallowes & Carpenter, P.A., Orlando, for appellees.


PER CURIAM.

AFFIRMED.

UPCHURCH, C.J., and DAUKSCH, J., concur.

SHARP, J., dissents with opinion.

SHARP, Judge, dissenting.

I believe the summary judgment granted to defendants on the attractive nuisance count in this case was improper.

The lower court granted summary judgment based upon its findings that the pond was in the control of the independent contractor, that Dr. Saha did not know the pump was a dangerous risk to the...

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