MADISON v. MIDYETTE

No. 87-1947.

541 So.2d 1315 (1989)

Larry Donnell MADISON and Linda Madison, His Wife, Dwight Yelton and Patricia Yelton, His Wife, and John James Penn, Appellants, v. Payne H. MIDYETTE, Appellee.

District Court of Appeal of Florida, First District.

April 14, 1989.


Attorney(s) appearing for the Case

Michael F. Coppins, of Douglass, Cooper, Coppins & Powell, David A. Barrett, of Barrett & Bajoczky, Tallahassee, and Stephen W. Carter, of Dalton & Provencher, Orlando, for appellants.

R. William Roland, of Karl, McConnaughhay, Roland & Maida, Tallahassee, for appellee.


ERVIN, Judge.

Appellants seek review of an order granting appellee's motion for summary judgment on the issue of liability in a negligence action for damages allegedly caused by the clearing of appellee's land by fire. The testimony conflicted regarding whether smoke was present at the scene of the accident. In entering summary judgment, the court held as a matter of law that appellee was not liable for the conditions at the scene of the accident. The effect of

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