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MARTINELLO v. B & P USA, INC.

No. 74496.

566 So.2d 761 (1990)

Phillip MARTINELLO, Etc., Petitioner, v. B & P USA, INC., Etc., Respondent.

Supreme Court of Florida.

Rehearing Denied September 28, 1990.

Attorney(s) appearing for the Case

Alex T. Barak, North Miami Beach, for petitioner.

Angela C. Flowers of Daniels and Hicks, P.A., and Anderson, Moss, Parks & Russo, P.A., Miami, for respondent.

REVISED OPINION

OVERTON, Justice.

We have for review Martinello v. B & P USA, Inc., 545 So.2d 956 (Fla. 4th DCA 1989), in which the Fourth District Court of Appeal affirmed the trial court's holding that Martinello was not entitled to try this cause under the attractive nuisance doctrine when B & P USA, Inc., the defendant below, admitted that it owed a duty to a child as an invitee and that it had breached...

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