WINN DIXIE STORES, INC. v. AKIN

No. 4-86-3109.

533 So.2d 829 (1988)

WINN DIXIE STORES, INC., and Vincent Magliulo, Appellants, v. Donna A. AKIN, As Personal Representative of the Estate of Scott M. Akin, Deceased, Appellee.

District Court of Appeal of Florida, Fourth District.

October 19, 1988.


Attorney(s) appearing for the Case

Jonathan L. Alpert and Randall Reder of Alpert, Josey, Grilli, Paris & Hanna, P.A., Tampa, and Richard N. Blank, Fort Lauderdale, for appellants.

Jon Krupnick, Fort Lauderdale, and John Beranek of Klein & Beranek, P.A., West Palm Beach, for appellee.

Michael L. Richmond, Fort Lauderdale, for amicus curiae-Florida Defense Lawyers Assn.


ON PETITION FOR REHEARING

PER CURIAM.

The Appellant's Motion for Rehearing or Clarification is granted. Appellee's Motion to Certify and for Rehearing are denied. The opinion of March 2, 1988, is withdrawn and the following opinion substituted in its place:

The grocery store employer argues on appeal that the trial court erred, as a matter of law, when it failed to grant a directed verdict on the basis that the employee was killed within the scope...

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