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KAISNER v. KOLB

No. 71121.

543 So.2d 732 (1989)

Glenn KAISNER, et Ux., Petitioners, v. Gary Joseph KOLB, et al., Respondents.

Supreme Court of Florida.

Rehearing Denied June 22, 1989.

Attorney(s) appearing for the Case

Daniel C. Kasaris of Yanchuck, Thompson, Young, Berman & Latour, P.A., St. Petersburg, for petitioners.

Rex E. Delcamp and Jeffrey R. Fuller of Williams, Brasfield, Wertz, Fuller & Lamb, P.A., St. Petersburg, for respondents.

Robert King High, Jr. and Robert M. Ervin, Jr. of Ervin, Varn, Jacobs, Odom & Kitchen, Tallahassee, amicus curiae for the Academy of Florida Trial Lawyers.

George A. Vaka of Fowler, White, Gillen, Boggs, Villareal & Banker, P.A., Tampa, amicus curiae for Florida Sheriff's Self-Ins. Fund.

BARKETT, Justice.

We have for review Kaisner v. Kolb, 509 So.2d 1213 (Fla. 2d DCA 1987), based on express and direct conflict with Commercial Carrier Corp. v. Indian River County, 371 So.2d 1010 (Fla. 1979). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. We quash the decision below and remand.

On June 29, 1979, Glen Kaisner, his wife and five children were traveling...

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