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KEOUGH v. WIMPY EX REL. WIMPY

No. 90-01765.

585 So.2d 302 (1991)

Tim KEOUGH, D/B/a Garden World Nursery, Inc., Appellant, v. Archie J. WIMPY, a Minor, by and through His Best Friend and Legal Guardian, Margaret WIMPY, Appellees.

District Court of Appeal of Florida, Second District.

Rehearing Denied September 12, 1991.

Attorney(s) appearing for the Case

William F. Merlin, Jr., P.A., Tampa, for appellant.

Dennis P. Dore, P.A., Tampa, for appellees.

RYDER, Acting Chief Judge.

Tim Keough, d/b/ Garden World Nursery, Inc., seeks review of the trial court's order of final summary judgment in favor of appellees in this negligence action. We reverse.

Keough filed a negligence action against appellee, Archie J. Wimpy, alleging that Wimpy was in the process of catching and burning lizards next to Keough's business when Wimpy caused gasoline to ignite Keough's business. Following the depositions of Wimpy and his...

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