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AGNER v. APAC-FLORIDA, INC.

No. 1D01-821.

821 So.2d 336 (2002)

Shannon Louise AGNER, as personal representative of the estate of Steven Michael Agner, deceased., Appellant, v. APAC-FLORIDA, INC., a Delaware corporation and successor in interest Couch Construction, L.L.C., a Delaware limited liability company and successor in interest to Couch Construction, L.P., a Delaware limited partnership, AIM Engineering & Surveying, Inc., a Florida corporation, John Gerren, individually, Angela Carpenter Wallace, and Angela Shurley Wallace, Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied July 22, 2002.

Attorney(s) appearing for the Case

George T. Reeves of Davis, Schnitker, Reeves & Browning, P.A., Madison and T. Bradley McRae of T. Bradley McRae, P.A., Lake City, for Appellant.

William D. Horgan and Patrick J. Farrell, Jr., of Fuller, Johnson & Farrell, P.A., Tallahassee, for APAC-Florida, Inc. and Michael D. West and George W. Hatch III of Huey, Guilday & Tucker, P.A., Tallahassee, for AIM Engineering & Surveying, Inc. and John Gerren, for Appellees.

KAHN, J.

In this case, plaintiff Shannon Louise Agner sued multiple defendants for the wrongful death of Michael Agner (decedent) resulting from an accident on Interstate 10 in Madison County, Florida. Mrs. Agner seeks review of a lower court order granting with prejudice a motion to dismiss filed by AIM Engineering & Surveying, Inc. (AIM). We conclude that the matter was not ripe for adjudication on a motion to dismiss, and therefore reverse the order of dismissal...

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