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MASIELLO v. WEEKS

No. 91-04216.

613 So.2d 146 (1993)

Melissa MASIELLO, Appellant, v. Stephen C. WEEKS, Donald L. Fasig, Margaret C. Fasig, David M. Fasig, and Government Employees Insurance Company, a Corporation, Appellees.

District Court of Appeal of Florida, Second District.

February 17, 1993.

Attorney(s) appearing for the Case

Stuart C. Markman and James E. Felman of Kynes & Markman, P.A., Tampa, for appellant.

Robert L. Donald of Law Office of Robert L. Donald, Fort Myers, and G. Gordon Harrison of Pavese, Garner, Haverfield, Dalton, Harrison & Jensen, Fort Myers, for appellees.

PER CURIAM.

The appellant, Melissa Masiello, contends that the trial court erred in denying her motion to amend her complaint to include an action on the theory expressed in Eli Witt Cigar & Tobacco Co. v. Matatics, 55 So.2d 549 (Fla. 1951). We agree that the trial court abused its discretion. See Osborne v. Delta Maintenance & Welding, Inc., 365 So.2d 425 (Fla. 2d DCA 1978...

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