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SUNRISE GIFT & SOUVENIR, INC. v. MARCOTTE

Nos. 97-1309, 97-1310, 97-1312 and 97-1464.

698 So.2d 345 (1997)

SUNRISE GIFT & SOUVENIR, INC., Larry Bessey, d/b/a Phase III Electric, Jim Baker Construction, Inc., Vista Partners, Sellar-Morris Properties, Inc., et al., Petitioners, v. Richard MARCOTTE, et al., Respondents.

District Court of Appeal of Florida, Fifth District.

August 15, 1997.

Attorney(s) appearing for the Case

George E. Carr of O'Neill, Chapin, Marks, Liebman, Cooper & Carr, Elizabeth C. Wheeler of Johnson & Bussey, P.A., Nicholas A. Shannin and Michael J. Krakar of McDonough, O'Dell, Beers, Wieland & Krakar, P.A., and W. David Rogers, Jr. and David C. Knapp of Rogers, Dowling, Fleming & Coleman, P.A., Orlando, for Petitioners.

David D. Guiley of Maher, Gibson & Guiley, P.A., Orlando, and Russell S. Bohn of Caruso, Burlington, Bohn & Compiani, P.A., West Palm Beach, for Respondents.

ON MOTION TO DISMISS

DAUKSCH, Judge.

Petitioners, who are being sued by a firefighter and the estates of two deceased firefighters (respondents), filed motions for summary judgment asserting that they were not liable based on the Fireman's Rule. The trial judge granted the motions for summary judgment, but was then disqualified from acting in the case further. The respondents filed a motion for reconsideration of the disqualified judge's order pursuant...

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