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VANEGAS EX REL. ESTATE OF VANEGAS v. A.J. CAPELETTI, INC.

No. 3D01-666.

796 So.2d 639 (2001)

Julieta VANEGAS, personal representative for the ESTATE OF the deceased minor, Obed Antonio VANEGAS, Appellant, v. A.J. CAPELETTI, INC., Appellee.

District Court of Appeal of Florida, Third District.

October 10, 2001.

Attorney(s) appearing for the Case

Bernstein & Chackman and Neil Rose, Hollywood; J.H. Zidell, Aventura, for appellant.

O'Connor, Chimpoulis, Restani, Marrero & McAllister and David R. Cassetty, for appellee.

Before COPE, GREEN and SHEVIN, JJ.

SHEVIN, Judge.

Plaintiff appeals a final judgment in favor of defendant A.J. Capeletti, Inc. in a wrongful death action. We reverse and remand for a new trial.

We find error in the trial court's refusal to give plaintiff's requested instruction as to the effect of defendant's violations of a local ordinance and a Miami-Dade County Code provision. The record reveals that "the requested instruction(s) contained an accurate statement of the law, the facts in...

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