E.I. DU PONT DE NEMOURS v. NATIVE HAMMOCK

No. 95-1656.

698 So.2d 267 (1997)

E.I. DU PONT DE NEMOURS AND COMPANY, etc., Appellant, v. NATIVE HAMMOCK NURSERY, INC., Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied August 20, 1997.


Attorney(s) appearing for the Case

Popham, Haik, Schnobrich & Kaufman and Wendy F. Lumish and Clinton R. Losego, Miami, for appellant.

Fowler, White, Burnett, Hurley, Banick & Strickroot and John R. Kelso, Miami, for appellee.

Before NESBITT, GODERICH and SORONDO, JJ.


NESBITT, Judge.

E.I. DuPont De Nemours and Company appeals an order awarding plaintiff below, Native Hammock Nursery, Inc., a new trial. We reverse the order under review.

THE FACTS

At issue in the five month trial below was whether Benlate, a fungicide manufactured and sold by DuPont, was defective and, if so, whether this defect was a proximate cause of damage at five unrelated nurseries, including Native Hammock. (The instant action is...

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