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SUTHERLUND EX REL. SUTHERLAND v. PELL

No. 98-03372.

738 So.2d 1016 (1999)

Calie Nicole SUTHERLAND, a minor, by her parents and next friends, Sherri SUTHERLAND and Douglas Sutherland, Appellant, v. Edward L. PELL, Appellee.

District Court of Appeal of Florida, Second District.

August 11, 1999.

Attorney(s) appearing for the Case

Gwynne A. Young and Eric S. Adams of Carlton, Fields, Ward, Emmanuel, Smith & Cutler, P.A., Tampa, and Sylvia H. Walbolt and Robert E. Biasotti of Carlton, Fields, Ward, Emmanuel, Smith & Cutler, P.A., St. Petersburg, for Appellant.

Richard R. Garland of Dickinson & Gibbons, P.A., Sarasota, for Appellee.

ALTENBERND, Judge.

The Sutherlands appeal a summary final judgment entered in favor of Edward Pell. We reverse because the motion for summary judgment, supported only by Mr. Pell's conclusory affidavit, fails to establish that there were no material issues of fact in this dog bite case.

Calie Sutherland and her family were visiting the home of a friend, William Douglas, in March 1994. Calie was three years old at the time. One of Mr. Douglas's two Rottweilers...

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