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JIM WALTER HOMES, INC. v. WALKER

No. 97-2167.

729 So.2d 432 (1999)

JIM WALTER HOMES, INC., Appellant, v. Diane H. WALKER, etc., et al., Appellees.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied April 15, 1999.

Attorney(s) appearing for the Case

Luis Prats and Hardy L. Roberts, III, of Carlton, Fields, Ward, Emmanuel, Smith & Cutler, P.A., Tampa, and Donald L. O'Dell, of McDonough, O'Dell, Beers, Wieland & Krakar, P.A., Orlando, for Appellant.

James O. Cunningham and Tracy Troutman Cheek, of Billings, Cunningham, Morgan & Boatwright, P.A., Orlando, for Appellees.

GRIFFIN, C.J.

Appellant, Jim Walters Homes, Inc. ["JWH"], appeals a judgment rendered against it and in favor of the Estate of Richard Walker in a wrongful death case after a jury trial. On appeal, JWH asserts three errors were made below: entry of a partial summary judgment that, at the place and time of the incident in question, JWH had a duty to maintain the site of the accident in a safe condition; the refusal of the lower court to allow the assertion of the workers...

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