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MATHER v. NORTHCUTT

No. 91-02280.

598 So.2d 101 (1992)

Darrun MATHER and Phyllis Mather, Appellants, v. Wyatt NORTHCUTT, Individually; U-Haul of West Coast Florida, Inc.; and, Don Olson Firestone, Inc., Appellees.

District Court of Appeal of Florida, Second District.

Rehearing Denied May 19, 1992.

Attorney(s) appearing for the Case

Roger L. Young of de Manio & Young, P.A., Sarasota, for appellants.

David P. Rankin of Freeman, Lopez & Kelly, P.A., Tampa, for appellee U-Haul of West Coast Florida, Inc.

Linda Renate Hughes of Alpert, Josey & Grilli, P.A., Tampa, for appellee Don Olson Firestone, Inc.

No appearance for appellee Northcutt.

THREADGILL, Judge.

The appellants, plaintiffs below, challenge the dismissal with prejudice of those counts of their second amended complaint, which alleged negligence against Appellees U-Haul of West Coast Florida, Inc. and Don Olson Firestone, Inc., for failure to state a cause of action. We affirm the dismissal of U-Haul but reverse the dismissal of Firestone.

To state a cause of action in negligence, a complaint must allege ultimate facts which establish...

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