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MEDINA v. YODER AUTO SALES, INC.

No. 98-01958.

743 So.2d 621 (1999)

Efrain MEDINA, individually and as Personal Representative of the Estate of Milian Medina, deceased, and on behalf of Juan Medina, a surviving minor child, Appellant, v. YODER AUTO SALES, INC., a Florida corporation, Yoder Auto Sales, Paul R. Yoder, individually, Merrill Yoder, individually, and Meliton Almazan, Appellees.

District Court of Appeal of Florida, Second District.

October 22, 1999.

Attorney(s) appearing for the Case

John Beranek of Ausley & McMullen, Tallahassee, and Andy M. Custer, Lake Worth, and Erick L. Ansel of Lekach, Lkinter & Ansel, P.A., Hollywood, for Appellant.

W. Scott Hamilton and Thomas P. Whitaker, Jr. of Whitaker & Hamilton, P.A., Bradenton, for Appellees Paul R. Yoder and Yoder Auto Sales, Inc.

Lewis F. Collins, Jr. and Anthony J. Russo of Butler, Burnette & Pappas, Tampa, for Appellee Merrill Yoder.

No appearance for Appellee Meliton Almazan.

NORTHCUTT, Judge.

Efrain Medina challenges the summary judgment rendered in favor of the defendants in his action for the wrongful death of his wife. He claims issues of fact precluded entry of summary judgment for the defendants. We agree. Because we reverse the judgment and remand for further proceedings, we also address Medina's contention that the circuit court should have permitted him to redepose Paul and Merrill Yoder...

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