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SAFELITE GLASS CORP. v. SAMUEL

No. 98-3130.

736 So.2d 1283 (1999)

SAFELITE GLASS CORP. d/b/a Safelite Auto Glass and Ernest Henly Haughton, Jr., Appellants, v. Willie P. SAMUEL and Mary Samuel, his wife, Appellees.

District Court of Appeal of Florida, Fourth District.

July 28, 1999.

Attorney(s) appearing for the Case

Hinda Klein of Conroy, Simberg & Ganon, P.A., Hollywood, for appellants.

Daniel E. Jacobson of Jacobson, Cohen & Cohen, P.A., Fort Lauderdale, for appellees.

PER CURIAM.

We affirm the final judgment. Appellants seek a new trial on the ground that the trial court erred in giving a jury instruction based on Via v. Tillinghast, 153 So.2d 59 (Fla. 3d DCA 1963). We conclude that the issue has not been preserved for review because the argument asserted here was not presented to the trial court. We further note, in any event, that the instruction based on Via should not have been...

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