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DYALS v. HODGES

No. 94-3388.

659 So.2d 482 (1995)

Joseph Daniel DYALS, Jr., as personal representative of the estate of Joseph Daniel Dyals, III, Joseph Daniel Dyals, jr., Personally and Judy May Dyals, Personally, Appellants, v. Raymond HODGES, Sr., Appellee.

District Court of Appeal of Florida, First District.

August 28, 1995.

Attorney(s) appearing for the Case

Terence M. Brown of Brown & Christopher, Starke, for appellants.

Charles B. Carter, Gainesville, for appellee.

ERVIN, Judge.

This is an appeal from a final summary judgment in favor of appellee, Raymond Hodges, entered in a wrongful death action based on a theory of premises liability. Because we conclude that the trial court erred in deciding that the dangerous condition on Hodges' property was open and obvious and that he had no duty to warn the decedent trespasser1 of the alleged defective condition, we reverse the judgment entered and remand...

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