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STEPHENS v. NATIONWIDE MUT. INS. CO.

No. 97-03272.

722 So.2d 208 (1998)

James STEPHENS, d/b/a Stephens Roofing, Appellant, v. NATIONWIDE MUTUAL INSURANCE COMPANY and Larry Somerville, Appellees.

District Court of Appeal of Florida, Second District.

Rehearing Denied December 10, 1998.

Attorney(s) appearing for the Case

Scott T. McCullough and Timothy G. Anderson of Timothy G. Anderson, P.A., Tampa, for Appellant.

George A. Vaka and John D. Russell of Fowler, White, Gillen, Boggs, Villareal & Banker, P.A., Tampa, for Appellees.

LENDERMAN, JOHN C., Associate Judge.

This is an appeal from a final judgment of dismissal with prejudice. The appellant's five-count amended complaint was dismissed with prejudice in its entirety by the trial court. We reverse the final judgment of dismissal because counts I, III, and IV of the amended complaint state a cause of action.

The primary issue for this court to decide is whether the amended complaint stated a cause of action for both negligent and...

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