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PATTERSON v. MITTEN

No. 95-1153.

679 So.2d 58 (1996)

Freddie PATTERSON, Appellant, v. Cynthia MITTEN, Charles Mitten, Rosalie Mitten, State Farm Mutual Automobile Insurance Company and Betsy Kaplan, Appellees.

District Court of Appeal of Florida, Fourth District.

September 4, 1996.

Attorney(s) appearing for the Case

Allen R. Seaman of Varner, Stafford & Seaman, P.A., Lake Worth, for appellant.

Rosemary B. Wilder and Richard A. Sherman of Law Offices of Richard A. Sherman, P.A., Fort Lauderdale, and Kammy T. Laycock of Law Offices of Lawrence J. Signori, West Palm Beach, for Appellees-Cynthia Mitten, Charles Mitten, and Rosalie Mitten.

James T. Sparkman and John W. Reis of Sparkman, Robb, Nelson & Mason, Miami, for Appellee-Betsy Kaplan.

PER CURIAM.

Appellant was entitled to have the jury instructed on concurring cause, Florida Standard Jury Instruction (Civil) 5.1(b). See Marinelli v. Grace, 608 So.2d 833, 834 (Fla. 4th DCA 1992). However, the trial transcript demonstrates a waiver of the request for that instruction.

AFFIRMED.

GLICKSTEIN, STONE and GROSS...

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