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LOWD v. CAL KOVENS CONST. CORP.

No. 88-1787.

546 So.2d 1087 (1989)

George L. LOWD, Appellant, v. CAL KOVENS CONSTRUCTION CORP. and Bradley Kovens, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied August 16, 1989.

Attorney(s) appearing for the Case

Arthur F. McCormick, South Miami, for appellant.

Ligman, Martin & Evans and David J. Beasley, Coral Gables, for appellees.

Before BARKDULL, JORGENSON and LEVY, JJ.

LEVY, Judge.

George Lowd appeals an order of the trial court granting final summary judgment sua sponte in favor of Cal Kovens Construction Corporation and Bradley Kovens based upon the "impact rule" and our holding in Sguros v. Biscayne Recreation Development Co., 528 So.2d 376 (Fla. 3d DCA 1987). We reverse based on our conclusion that the impact rule does not apply to the case at bar.

Lowd and his two sons...

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