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JONES v. FLORIDA POWER & LIGHT CO.

Nos. 87-2958, 87-2959, 88-0798 and 88-0799.

552 So.2d 284 (1989)

Vivian JONES, As Personal Representative of the Estate of Harry Jones, Jr., Deceased, Appellant, v. FLORIDA POWER & LIGHT COMPANY, a Florida Corporation, Emma E. Weidenmuller, and Asplundh Tree Expert Company, a Corporation, Appellees.

District Court of Appeal of Florida, Fourth District.

November 15, 1989.

Attorney(s) appearing for the Case

Jack H. Vital, III, of Sheldon J. Schlesinger, P.A., Fort Lauderdale, for appellant.

Paul R. Regensdorf of Fleming, O'Bryan & Fleming, Fort Lauderdale, for appellee-Florida Power and Light.

Mitchell L. Lundeen of George, Hartz & Lundeen, P.A., Fort Lauderdale, for appellee-Asplundh Tree Expert Co.

WARNER, Judge.

This is an appeal from two final summary judgments and two cost judgments entered in favor of Florida Power and Light and Asplundh Tree Expert Company in a negligence action. We sua sponte consolidate those appeals, reverse and remand.

The Asplundh Tree Expert Company, under a contract with Florida Power and Light Company, trimmed some Norfolk pines that were close to a power line in a residential area of Broward County. However, instead of...

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