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WAITE v. WAITE

No. 89-868.

593 So.2d 222 (1991)

Joyce WAITE, Appellant, v. Beres WAITE, Appellee.

District Court of Appeal of Florida, Third District.

On Motion for Rehearing and Rehearing February 11, 1992.

Attorney(s) appearing for the Case

Touby, Smith, DeMahy & Drake, and Kenneth R. Drake, Miami, for appellant.

Parenti & Falk, and James C. Blecke, Miami, for appellee.

Before BASKIN, LEVY and GERSTEN, JJ.

On Motion for Rehearing and Rehearing En Banc February 11, 1992.

BASKIN, Judge.

Joyce Waite appeals a final summary judgment entered in favor of Beres Waite, her former husband, in an action she filed to recover damages for assault, battery, and negligence. We reverse.

At the time of the incident giving rise to Mrs. Waite's lawsuit against Mr. Waite, the parties were husband and wife. Without provocation, Mr. Waite attacked Mrs. Waite with a machete...

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