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KIRKMAN ROAD SPORTS PUB & RESTAURANT, INC. v. DEMPSEY

No. 98-127.

723 So.2d 384 (1998)

KIRKMAN ROAD SPORTS PUB AND RESTAURANT, INC., etc., Appellant/Cross-Appellee, v. Robert DEMPSEY, etc., et al., Appellees/Cross-Appellants.

District Court of Appeal of Florida, Fifth District.

December 31, 1998.

Attorney(s) appearing for the Case

Richard S. Womble and Gregory D. Prysock of Rissman, Weisberg, Barrett, Hurt, Donahue & McLain, P.A., Orlando, for Appellant/Cross-Appellee.

Don McKeever of McKeever, Albert & Barth, Winter Park, and Marcia K. Lippincott of Marcia K. Lippincott, P.A., Maitland, for Appellees/Cross-Appellants.

COBB, J.

The issue on appeal is whether the trial court erred in denying a motion for summary judgment filed by the defendant below, Kirkman Road Sports Pub and Restaurant, Inc., d/b/a JB's Sports Bar and Grill, in regard to its liability to the plaintiffs pursuant to section 768.125, Florida Statutes (1995), which provides:

A person who sells or furnishes alcoholic beverages to a person of lawful drinking age shall not thereby become liable for injury or...

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