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BOTTITA v. FLORIDA POWER & LIGHT CO.

No. 87-0683.

534 So.2d 1198 (1988)

Grace BOTTITA, As Mother and Next Friend of Brieanne Bottita, a Minor, Appellant, v. FLORIDA POWER & LIGHT COMPANY, Grace Bottita, Anthony Bottita, and Joanne Miller, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing and Certification Denied January 12, 1989.

Attorney(s) appearing for the Case

Gregg A. Pessin and Edward A. Perse of Horton, Perse & Ginsberg, Miami, for appellant.

Marjorie Gadarian Graham of Marjorie Gadarian Graham, P.A., West Palm Beach, for appellee-Florida Power & Light Co.

PER CURIAM.

This is an appeal of a summary final judgment rendered in favor of appellee, Florida Power & Light Company. We reverse and remand for further proceedings consistent herewith.

Two-year-old Brieanne Bottita was playing with other children near a Florida Power & Light Company transformer located between two of her neighbors' homes. Allegedly, the earth beneath a corner of the transformer pad had eroded and the child caught her foot under the...

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