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KOPACZ v. JACK ECKERD CORP.

No. 88-1979.

542 So.2d 469 (1989)

Helen KOPACZ, Appellant, v. JACK ECKERD CORPORATION, Etc., Appellee.

District Court of Appeal of Florida, Fifth District.

May 4, 1989.

Attorney(s) appearing for the Case

David K. Wittek of Wright and Fulford, Orlando, for appellant.

Mitchell J. Frank of Frank and Brightman, Orlando, for appellee.

PER CURIAM

This is an appeal from a summary judgment in a personal injury case. The trial court erred in striking an affidavit of the plaintiff which affidavit contained statements different from those she earlier made in a deposition. The affidavit was filed to defend against the defendant's motion for summary judgment. Appellee urges us to apply the rule in Ellison v. Anderson, 74 So.2d 680 (Fla. 1954) which says a party...

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