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NURKIEWICZ v. VACATION BREAK U.S.A., INC.

No. 4D99-3198.

771 So.2d 1271 (2000)

Paul Gary NURKIEWICZ, Appellant, v. VACATION BREAK U.S.A., INC., Resort Yachts of America, Inc., and Serenity Yacht Club, Inc., Appellees.

District Court of Appeal of Florida, Fourth District.

November 22, 2000.

Attorney(s) appearing for the Case

Ronald Payne, Fort Lauderdale and Arnold Ginsberg of Ginsberg & Schwartz, Miami, for appellant.

Keith S. Brais and David M. Scott of McAlpin & Brais, P.A., Miami, and Mark Hicks and Ralph O. Anderson of Hicks, Anderson & Kneale, P.A., Miami, for appellees.

ON MOTION FOR REHEARING

KLEIN, J.

We withdraw our opinion which was filed on August 30, 2000 and substitute the following opinion.

Appellant plaintiff appeals a summary judgment disposing of his claims under maritime law for injuries he sustained on a vessel. We affirm the judgment as to negligence and unseaworthiness, but reverse his claim for maintenance and cure.

Plaintiff was the captain of a forty-eight foot sport fishing vessel...

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