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PERRY v. G.M.A.C. LEASING CORP.

No. 88-02208.

549 So.2d 680 (1989)

Gaylord J. PERRY, As Personal Representative of the Estate of Blanche Manning Perry, Deceased, Appellant, v. G.M.A.C. LEASING CORPORATION, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied October 5, 1989.

Attorney(s) appearing for the Case

Michael R.N. McDonnell of McDonnell Trial Lawyers, Naples, for appellant.

Larry I. Gramovot of Stuart, Gramovot & Strickland, P.A., Tampa, and Patrick J. McNamara of de la Parte, Gilbert & Gramovot, P.A., Tampa, for appellee.

Richard A. Kupfer of Wagner, Nugent, Johnson, Roth, Romano, Eriksen & Kupfer, P.A., West Palm Beach, for amicus curiae Academy of Florida Trial Lawyers.

Jeffrey B. Shapiro and Judy D. Shapiro of Herzfeld and Rubin, Miami, for amicus curiae Florida Motor Vehicle Leasing Group.

LEHAN, Judge.

In this wrongful death suit plaintiff appeals a summary judgment in favor of defendant who was the lessor of the automobile, the negligent operation of which was the alleged cause of the damages claimed. The basis for the summary judgment was section 324.021(9)(b), Florida Statutes (1987), which provides:

Notwithstanding any other provision of the Florida Statutes or existing case law, the lessor, under an agreement to lease a motor vehicle...

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