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COMMERCIAL CARRIER CORP. v. ROCKHEAD

No. 94-862.

639 So.2d 660 (1994)

COMMERCIAL CARRIER CORP., Petitioner, v. Cheryl ROCKHEAD, as personal representative of the estate of Mark Adrian Rockhead, Deceased, Respondent.

District Court of Appeal of Florida, Third District.

July 5, 1994.

Attorney(s) appearing for the Case

John S. Freud and Michael J. Schwartz, Miami,* for petitioner.

Philip M. Gerson and Edward S. Schwartz, Miami,* for respondent.

Before SCHWARTZ, C.J., and NESBITT and LEVY, JJ.

SCHWARTZ,* Chief Judge.

As we have previously indicated in Key West Convalescent Center, Inc. v. Doherty, 619 So.2d 367 (Fla. 3d DCA 1993), we follow Henn v. Sandler, 589 So.2d 1334 (Fla. 4th DCA 1991) (en banc) in concluding — notwithstanding Martin-Johnson, Inc. v. Savage, 509 So.2d 1097 (Fla. 1987)...

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