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GILBERTSON v. LENNAR HOMES, INC.

No. 92-2488.

629 So.2d 1029 (1993)

Dee GILBERTSON and Daniel Gilbertson, as personal representatives of the Estate of Daniel Gilbertson, a minor, deceased, for the Benefit of Dee Gilbertson surviving mother, Daniel Gilbertson surviving father, and the Estate of Daniel S. Gilbertson, deceased, a minor, Appellants, v. LENNAR HOMES, INC., The Meadows of Miramar Homeowners Association, No. 2, Inc. and The Meadows of Miramar Property Association, Inc., Appellees.

District Court of Appeal of Florida, Fourth District.

Motions for Rehearing, Clarification and Certification Denied February 8, 1994.

Attorney(s) appearing for the Case

Rossman & Baumberger, P.A., and Marc Cooper and Christine M. NG of Cooper & Wolfe, P.A., Miami, for appellants.

Philip D. Parrish of Stephens, Lynn, Klein & McNicholas, P.A., Miami, for appellee-Lennar Homes, Inc.

Richard A. Sherman and Rosemary B. Wilder of Richard A. Sherman, P.A., and Daniel L. Haverman and Bruce A. Chaimowitz of Green, Haverman & Ackerman, P.A., Fort Lauderdale, for appellee-The Meadows of Miramar Property Ass'n, Inc.

GUNTHER, Judge.

This is an appeal from summary final judgments in favor of the defendants, Lennar Homes, Inc., n/k/a F & R Builders (Lennar) and The Meadows of Miramar Property Association, Inc. (Property Association). The Gilbertsons sued for the wrongful death of their three year old son, who drowned in a lake built and maintained by the defendants. We agree with the Gilbertsons' contention that the trial court erred in granting the summary final judgments in...

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