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MONTGOMERY WARD & CO., INC. v. POPE

No. 87-1537.

532 So.2d 722 (1988)

MONTGOMERY WARD & CO., INC., d/b/a Jefferson Stores, Appellant, v. Jennifer POPE, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing and Rehearing Denied November 23, 1988.

Attorney(s) appearing for the Case

Stinson, Lyons, Gerlin & Bustamante and Thomas B. Bourque, Miami, for appellant.

Joseph C. Segor, Stephen Cahen, Miami, for appellee.

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

Rehearing and Rehearing En Banc Denied November 23, 1988.

PER CURIAM.

Affirmed. Baptist Memorial Hosp., Inc. v. Bell, 384 So.2d 145 (Fla. 1980); Cloud v. Fallis, 110 So.2d 669 (Fla. 1959).

HUBBART and FERGUSON, JJ., concur.

SCHWARTZ, Chief Judge (dissenting).

This is an appeal from an order granting a new trial on damages alone on the ground that the...

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