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DALRYMPLE v. FRANZESE

No. 4D06-01.

944 So.2d 1240 (2006)

Jany DALRYMPLE and Ruth Veach as Co-Personal Representatives of the Estate of Jennie Dalrymple, deceased, Appellants, v. Anthony FRANZESE and MMI Products, Inc., Appellees.

District Court of Appeal of Florida, Fourth District.

December 27, 2006.

Attorney(s) appearing for the Case

Matthew D. Levy of Metnick, Levy & Long, Delray Beach, for appellants.

Michael A. Mullen and Daniel Caine of Gaebe, Mullen, Antonelli, Esco & DiMatteo, Coral Gables, for appellees.

TAYLOR, J.

Personal representatives of the Estate of Jennie Dalrymple appeal a final summary judgment entered against them in this wrongful death action arising from an automobile accident that occurred at an intersection in Broward County, Florida. We reverse, concluding that the trial court abused its discretion in denying appellants' motion for rehearing to consider an opposing expert affidavit that was previously unavailable due to delays caused by Hurricane Wilma...

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