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PISANI v. DUFFIN

Nos. 4D04-673, 4D04-1198.

909 So.2d 920 (2005)

Louis A. PISANI, Appellant, v. James R. DUFFIN, Jr., as Personal Representative of the Estates of Amber Fae Duffin and Tyler James Richard Meyer, Appellee.

District Court of Appeal of Florida, Fourth District.

Order Granting Clarification September 21, 2005.

Rehearing Denied September 21, 2005.

Attorney(s) appearing for the Case

Elizabeth K. Russo of the Russo Appellate Law Firm, P.A., Miami, and Green, Ackerman & Frost, P.A., Fort Lauderdale, for appellant.

Searcy, Denney, Scarola, Barnhart & Shipley, P.A., and Philip M. Burlington of Philip M. Burlington, P.A., West Palm Beach, for appellee.

KLEIN, J.

Pisani, the owner of a home with a pool in which two young children drowned, appeals a judgment for damages, arguing that the trial court erred in allowing the jury to consider statutory and zoning violations which were not applicable. We reverse for a new trial.

At the time of the incident the children were living with their mother who was dating a man named Gahagan. Gahagan lived in a guest house behind...

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