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EMERINE v. SCAGLIONE

No. 99-01503.

751 So.2d 73 (1999)

Michael L. EMERINE, as Personal Representative of the Estate of Michael Lee Emerine, Jr., Appellant, v. J. John SCAGLIONE; Ross, Stevens & Johnson, Inc., a Florida corporation; and Joseph Angelo Terranova, Appellees.

District Court of Appeal of Florida, Second District.

Rehearing Denied January 20, 2000.

Attorney(s) appearing for the Case

James W. Guarnieri of Guarnieri & Martinez, P.A., Brandon, and Michael Finch, St. Petersburg, for Appellant.

Elaine C. Seymour of Guemmer and Seymour, Tampa, for Appellee J. John Scaglione.

James S. Eggert and Donald W. Stanley, Jr., of Allen, Dell, Frank & Trinkle, P.A., Tampa, for Appellee Ross, Stevens & Johnson, Inc.

No appearance for Appellee Joseph Angelo Terranova.

PARKER, Acting Chief Judge.

Michael L. Emerine, as personal representative of the estate of Michael Lee Emerine, Jr. (Emerine), appeals the final summary judgment entered in favor of J. John Scaglione (Scaglione) in this wrongful death action. We conclude that the trial court erred in determining that Emerine was an uninvited licensee on Scaglione's property and reverse the final summary judgment.

In 1995, Emerine and Brenda Turner were murdered in their sleep...

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