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MARCOUX v. CIRCLE K STORES, INC.

No. 4D00-686.

773 So.2d 1270 (2000)

Lillian MARCOUX, and George Marcoux, her husband, Appellants, v. CIRCLE K STORES, INC., a Texas corporation, and The Miami Herald Publishing Company, an unincorporated division of Knight Ridder, Inc., Appellees.

District Court of Appeal of Florida, Fourth District.

December 27, 2000.

Attorney(s) appearing for the Case

Marcelle B. Poirier of The Law Firm of Marcelle B. Poirier, Coconut Grove, for Appellants.

Raoul G. Cantero, III, Gregory A. Victor, and Nicole E. Mestre of Adorno & Zeder, P.A., Miami, for Appellee The Miami Herald Publishing Company, an unincorporated division of Knight-Ridder, Inc.

GROSS, J.

Lillian and Gerorge Marcoux appeal a final summary judgment entered against them on their claim against appellant, The Miami Herald Publishing Company. The lawsuit arose out of Mrs. Marcoux tripping over newspapers left in the aisle of a Circle K store by a delivery person, Max Creve-Cour. The issue in the summary judgment was whether Creve-Cour was an independent contractor of the Miami Herald, as opposed to an employee. We affirm on the authority of

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