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RUSH v. JOYNER

No. 88-0093.

540 So.2d 266 (1989)

Daniel RUSH, As Personal Representative of the Estate of Robert R. Cosby, and for the Benefit and On Behalf of Robert Ellis and Shannon Ellis, Appellant, v. Gary Dale JOYNER, Richard L. Kluck, Sr., J & M Transportation Company, Inc., a Georgia Corp., and Integrity Insurance Company, a Foreign Corporation, Appellees.

District Court of Appeal of Florida, Fourth District.

April 5, 1989.

Attorney(s) appearing for the Case

Joel D. Eaton of Podhurst, Orseck, Parks, Josefsberg, Eaton, Meadow & Olin, P.A., and Andrew Needle of Spence, Payne, Masington, Grossman & Needle, P.A., Miami, for appellant.

Malcolm Weldon of Pyszka, Kessler, Massey, Weldon, Catri, Holton & Douberley, P.A., and Marc Cooper, Sharon L. Wolfe and Maureen E. LeFebvre of Cooper, Wolfe & Bolotin, P.A., Miami, for appellees.

PER CURIAM.

AFFIRMED. We find no error in the trial court's ruling as a matter of law that Florida law should apply to this action. The parties filed cross-motions for summary judgment on the choice-of-law issue and mutually contended that there were no material issues of fact, and that on the facts either Georgia law or Florida law should apply. At the hearing counsel for the appellant specifically advised the trial court that the only possible choice of law was...

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