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PHOENIX INS. CO. v. FLORIDA FARM BUREAU MUT. INS. CO.

No. 89-01021.

558 So.2d 1048 (1990)

The PHOENIX INSURANCE COMPANY, Appellant, v. FLORIDA FARM BUREAU MUTUAL INSURANCE COMPANY, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied March 26, 1990.

Attorney(s) appearing for the Case

Edward E. Fessenden, Jr., Tampa, for appellant.

Dennis P. Waggoner of Hill, Ward & Henderson, P.A., Tampa, for appellee.

PATTERSON, Judge.

This appeal arises from a final order of dismissal with prejudice entered at the close of the plaintiff's case in a nonjury trial for equitable subrogation. We reverse.

On December 24, 1982, James Babcock, while an invitee on the rural premises of David Kitchen, came upon a caged tiger named Diablo (a Spanish word for "devil"). Apparently beguiled by the pleasant demeanor of the tiger, Babcock reached into its cage to pet it. The result was...

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