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HAGEN v. AETNA CAS. AND SUR. CO.

Nos. 94-1368, 94-1443.

675 So.2d 963 (1996)

Earnest HAGEN and Jerry M. Richardson, and Della L. Richardson, his wife, Appellants, v. AETNA CASUALTY AND SURETY COMPANY, etc., et al., Appellees.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied July 2, 1996.

Attorney(s) appearing for the Case

Robert J. Mayes of Levin, Middlebrooks, Mabie, Thomas, Mayes & Mitchell, P.A., Pensacola, for Appellant Earnest Hagen.

William A. Bald of Dale & Bald, P.A., and Stephen J. Pajcic, III of Pajcic & Pajcic, P.A., Jacksonville, for Appellants Jerry M. Richardson and Della L. Richardson, his wife.

Robert J. Jack, and Wallace W. Tudhope, of Jack, Tudhope & Wyatt, P.A., Maitland, for Appellees.

En banc.

HARRIS, Judge.

We have elected to consider this case en banc. Ernest Hagen and Jessie Ward, in partnership, operated a small retail carpet store under the name of E & J Carpet Country (E & J). It was a small operation which neither owned nor had access to a forklift. It also owned no vehicles but relied on the privately owned vehicles of Hagen and Ward in the operation of its business.

Jerry Richardson was an employee of Carpet Transport which...

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