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McELVEEN EX REL. McELVEEN v. PEELER

No. 88-1409.

544 So.2d 270 (1989)

Herman John McELVEEN, II a Minor Child, by and through Herman John McELVEEN, His Father, and Wanda L. McElveen, His Mother, As Natural Guardians and Next Friends, and Herman John McElveen and Wanda L. McElveen Individually, Appellants, v. John P. PEELER and the Tire Shop, Inc., a Florida Corp., Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied June 28, 1989.

Attorney(s) appearing for the Case

David C. Goodman, Jacksonville, for appellants.

Carl D. Dawson, Jacksonville, for appellees.

WENTWORTH, Judge.

Appellants seek review of an order dismissing with prejudice their third amended complaint as to John P. Peeler, individually, in their personal injury action against Peeler and The Tire Shop, Inc. We reverse, finding the third amended complaint sufficiently stated a cause of action against Peeler in his individual capacity.

Appellants Herman John and Wanda L. McElveen filed a complaint against appellee John P. Peeler, owner, operator and...

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