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POLEYEFF v. SEVILLE BEACH HOTEL CORP.

Nos. 3D99-2137, 3D99-2212.

782 So.2d 422 (2001)

Rabbi Israel POLEYEFF, as Personal Representative of the Estate of Eugenie Poleyeff, deceased, Appellant, v. SEVILLE BEACH HOTEL CORPORATION d/b/a The Seville Hotel, Appellees. Frederica E. Breaux, as Administratrix of the Estate of Zachary Charles Breaux, deceased, Appellant, v. Seville Beach Hotel Corporation d/b/a The Seville Hotel, Collins 33rd Street Realty Corp. d/b/a The Saxony Hotel; CSRA, a Florida General Partnership d/b/a The Saxony Hotel and Abby Berkowitz, Hurricane Beach Rentals, Inc., Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied May 4, 2001.

Attorney(s) appearing for the Case

Abramowitz & Pomerantz and Howard L. Pomerantz (Sunrise); Nancy Little Hoffmann (Pompano Beach), for appellant Frederica E. Breaux.

Grossman & Roth (Boca Raton); Podhurst, Orseck, Josefsberg, Eaton, Meadow, Olin & Perwin and Joel D. Eaton, for appellant Rabbi Israel Poleyeff.

Brian S. Keif (Hollywood) and Greenberg, Traurig and Elliot H. Scherker and Paul C. Savage, for appellee Seville Beach Hotel Corporation d/b/a The Seville Hotel.

Richard E. Berman and Penny J. Sposato (Fort Lauderdale), for appellees Collins 33rd Street Realty Corp. d/b/a The Saxony Hotel; CSRA, a Florida General Partnership d/b/a The Saxony Hotel and Abby Berkowitz.

Hinshaw & Culbertson and Gina E. Caruso and Ronald L. Kammer (Fort Lauderdale), for appellee Hurricane Beach Rentals, Inc.

Before SCHWARTZ, C.J. and JORGENSON, COPE, LEVY, GERSTEN, GODERICH, GREEN, FLETCHER, SHEVIN, SORONDO and RAMIREZ, JJ.

ON HEARING EN BANC

SCHWARTZ, Chief Judge.

These appeals arise from a terrible tragedy which occurred on February 20, 1997, in the Atlantic ocean off the public beach adjacent to the Seville Hotel in Miami Beach. On that date, Ms. Eugenie Poleyeff, a New York resident who was a guest at the Saxony Hotel, went three blocks away to the beach at the Seville. There, she rented a beach chair and umbrella from Hurricane Beach Rentals, which had permission from...

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