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DOLLAR RENT A CAR SYSTEM, INC. v. LEAN

No. 98-1848.

744 So.2d 558 (1999)

DOLLAR RENT A CAR SYSTEM, INC., a foreign corporation, Appellant/Cross-Appellee, v. Sean LEAN, Appellee/Cross-Appellant, v. Jim Walsh, Friendly Cars of Key West, Inc., a Florida Corporation, d/b/a Five Sixes Cab, and G2 Enterprises, Inc., d/b/a Florida Keys Taxi Dispatch, Appellees.

District Court of Appeal of Florida, Third District.

November 3, 1999.

Attorney(s) appearing for the Case

Richard A. Sherman, and Rosemary B. Wilder (Fort Lauderdale); Ligman, Martin & Evans, and Joseph W. Ligman, Coral Gables, for Appellant, Dollar Rent A Car System.

Michelle I. Cates (Key West), for Appellee Friendly Cars of Key West, Inc.

John M. Camillo, and Candace D. Korthals (Fort Lauderdale); Nancy Little Hoffmann (Fort Lauderdale), for Appellees, Jim Walsh and G2 Enterprises, Inc.

Before JORGENSON, GERSTEN, and GREEN, JJ.

PER CURIAM.

Because Sean Lea successfully stated a cause of action against defendants Jim Walsh, Friendly Cabs of Key West, Inc., and G2 Enterprises, Inc., see McCain v. Florida Power Corp., 593 So.2d 500 (Fla. 1992), the dismissals entered below are reversed. The defendants may argue that they owed no duty to Mr. Lea as a matter of law at a later pretrial stage of the case and, of course, at the appropriate stages of trial...

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