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FITZGERALD v. CESTARI

No. 75538.

569 So.2d 1258 (1990)

Terry FITZGERALD, Etc., Petitioner, v. Jan CESTARI, et Ux., Respondents.

Supreme Court of Florida.

November 8, 1990.

Attorney(s) appearing for the Case

Kenneth R. Drake of Touby, Smith, Demahy & Drake, Miami, for petitioner.

Richard A. Sherman and Rosemary B. Wilder of the Law Offices of Richard A. Sherman, P.A., Fort Lauderdale, for respondents.

EHRLICH, Justice.

We have for review Fitzgerald v. Cestari, 553 So.2d 708 (Fla. 4th DCA 1989), because of apparent conflict with the decisions of several district courts of appeal. We have jurisdiction, article V, section (3)(b)(3), Florida Constitution, and approve the decision below.

Petitioner, Terry Fitzgerald, filed suit against the Cestaris seeking damages for injuries suffered by her seven-year-old daughter...

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