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WHITT v. SILVERMAN

No. 98-560.

732 So.2d 1106 (1999)

Ileana WHITT, as Personal Representative of the Estate of Ilia Fotinov, deceased, and on Behalf of the surviving Statutory Beneficiaries of Ilia Fotinov, and Yordanka Fotinova, Appellants, v. Eli SILVERMAN, Irene Silverman, Ignacio Urbieta And Ignacio Urbieta, Jr., d/b/a Ocean Amoco, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied April 7, 1999.

Attorney(s) appearing for the Case

Ginsberg & Schwartz and Todd R. Schwartz, Miami, and Ratiner, Reyes & O'Shea, Miami, for appellants.

Josephs, Jack & Gaebe and Helen Leen Miranda, Miami, for appellees.

Before COPE, LEVY, and SHEVIN, JJ.

PER CURIAM.

This is an appeal from dismissal of claims against landowners, alleging that foliage growing on the landowners' property obstructed a motorist's vision as a result of which a motorist's car struck two pedestrians. We affirm dismissal of the common law tort claim, but reverse in part the dismissal of the claim for violation of a Miami-Dade County ordinance.

Defendant-appellees1 ("landowners") operate an Amoco service...

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