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MICHALAK v. RYDER TRUCK RENTAL, INC.

No. 4D04-2202.

923 So.2d 1277 (2006)

Richard MICHALAK and Mindy Michalak, his wife, Appellants, v. RYDER TRUCK RENTAL, INC., a Florida corporation, and Kenneth Eugene Phillips, individually, Appellees.

District Court of Appeal of Florida, Fourth District.

March 29, 2006.

Attorney(s) appearing for the Case

Antoinette R. Appel of Neufeld, Kleinberg & Pinkiert, P.A., Aventura, for appellants.

Robert C. Weill and Louise McMurray of McIntosh, Sawran, Peltz & Cartaya, P.A., Fort Lauderdale, for appellees.

SHAHOOD, J.

Richard Michalak (Richard) and Mindy Michalak appeal an order of dismissal with prejudice of their personal injury complaint against appellees, Ryder Truck Rental, Inc. (Ryder) and Kenneth Eugene Phillips (Phillips).

Because the trial court entered the order of dismissal without considering the factors set forth by the Florida Supreme Court in Kozel v. Ostendorf, 629 So.2d 817...

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