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SMITH v. MAYES

No. 1D02-2918.

851 So.2d 785 (2003)

Dotty SMITH and Ray Smith, Appellants, v. Robert G. MAYES, Jr., Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied August 14, 2003.

Attorney(s) appearing for the Case

Timothy M. O'Brien and Troy A. Rafferty of Levin, Papantonio, Thomas, Mitchell, Echsner & Proctor, P.A., Pensacola, for Appellants.

Mark J. Upton of Daniell, Upton, Perry & Morris, P.C., Daphne, Alabama; and John S. Penton, Jr., Esquire, Pensacola, for Appellee.

ERVIN, J.

This is an appeal from a final summary judgment entered in an action for personal injuries against appellee, Robert Mayes, Jr. The trial court found that appellants, Dotty and Ray Smith, could not recover damages from Mayes for physical injury caused by the alleged negligent act of Mayes's real estate agent, Christian Wendolek, which occurred when Wendolek was showing the property to appellants for the purpose of sale. In the court's judgment, Wendolek was...

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