ASPLUNDH TREE EXPERTS, INC. v. MASON

No. 96-468.

693 So.2d 44 (1997)

ASPLUNDH TREE EXPERTS, INC., a foreign corporation, Appellant, v. Gerald MASON, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied May 8, 1997.


Attorney(s) appearing for the Case

Marjorie M. Cain and Michael J. Thomas of Fuller, Johnson & Farrell, Tallahassee, for Appellant.

Thayer M. Marts, Marianna, for Appellee.


JOANOS, Judge.

This is an appeal from an order denying defendant/appellant's motion for a directed verdict. We reverse.

Appellee owned a herd of 56 buffalo which he had been cultivating for some thirteen years. He had bred some of them and acquired some from other sources. In the thirteen years he owned the buffalo, only two had died. One died giving birth to a calf, and another died of old age. Appellee and others testified that before July 1993, the buffalo...

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