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SIMS v. CRISTINZIO

Nos. 2D02-5305, 2D03-2840.

898 So.2d 1004 (2005)

Lorenzo King SIMS and Transoil, Inc., Appellants, v. Michael James CRISTINZIO, Keith Cristinzio, and Carol Cristinzio, Blair Timothy Miller, and Richard Fortner, Jr., Appellees. Richard Fortner, Jr., Cross-Appellant, v. Michael James Cristinzio, Keith Cristinzio, and Carol Cristinzio, Cross-Appellees.

District Court of Appeal of Florida, Second District.

March 9, 2005.

Attorney(s) appearing for the Case

Scot E. Samis and John D. Kiernan of Abbey, Adams, Byelick, Kiernan, Mueller & Lancaster, L.L.P., St. Petersburg, for Appellants Sims and Transoil, Inc.

Pamela J. Mills of O'Malley & Mills, P.A., Spring Hill, for Appellee Michael James Cristinzio.

Theresa I. Wigginton of Law Office of Theresa Wigginton, Brandon, for Appellees Keith Cristinzio and Carol Cristinzio.

Maria C. Collins Guyton and Gregory D. Jones of Rywant, Alvarez, Jones, Russo & Guyton, P.A., Tampa, for Appellee Richard Fortner, Jr.

No appearance for Appellee Blair Miller.

KELLY, Judge.

Lorenzo Sims and Transoil, Inc., defendants in the trial court, appeal the denial of their motion for a new trial in this personal injury action arising from a multi-vehicle accident. In their motion, they challenged the directed verdict on the issue of liability entered in favor of a codefendant, Richard Fortner, and the directed verdict entered in favor of the Cristinzios, the plaintiffs in the trial court, which removed Nora Curtis, a Fabre

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