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HAMMER v. ROSENTHAL JEW. SUP. CORP.

No. 88-2074.

558 So.2d 460 (1990)

Charles HAMMER, As Personal Representative of the Estate of Irving Isidore Hammer, Deceased, Appellant, v. ROSENTHAL JEWELERS SUPPLY CORPORATION, et al., and Bernice Rhea Hammer, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing and Certification Denied April 12, 1990.

Attorney(s) appearing for the Case

Reed A. Bryan and Asela M. Cuervo of McCune, Hiaasen, Crum, Gardner & Duke, P.A., Fort Lauderdale, for appellant.

Joseph H. Lowe of Marlow, Shofi, Connell, Valerius, Abrams, Lowe & Adler, Miami, for appellee-Rosenthal Jewelers.

Shelley H. Leinicke of Wicker, Smith, Blomqvist, Tutan, O'Hara, McCoy, Graham & Lane, Fort Lauderdale, for appellee-Janos Indus. Insulation Corp.

Raymond T. Elligett, Jr. of Shackleford, Farrior, Stallings & Evans, P.A., Tampa, for appellees-Celotex Corp. and GAF Corp.

PER CURIAM.

Appellant seeks review of the trial court's order of dismissal in this personal injury action, entered as a sanction for failure to comply with discovery. We affirm; however, we remand to the trial court with directions.

The action was initiated by the Hammers based on the allegation that Mr. Hammer, a jeweler, allegedly contracted mesothelioma, a form of lung cancer, due to prolonged occupational exposure...

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