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MADISON v. HOLLYWOOD SUBS, INC.

No. 4D08-498.

997 So.2d 1270 (2009)

Queenester MADISON, personal representative of the Estate of Terry Madison, deceased, for the benefit of Queenester Madison and the Estate of Terry Madison, Appellant, v. HOLLYWOOD SUBS, INC., d/b/a Miami Subs, a Florida corporation, and Miami Subs Corporation, a Florida corporation, Appellee.

District Court of Appeal of Florida, Fourth District.

January 5, 2009.

Attorney(s) appearing for the Case

David M. Garvin of David M. Garvin, P.A., Miami, for appellant.

Carlos D. Cabrera and A. Hinda Klein of Conroy, Simberg, Ganon, Krevans, Abel, Lurvey, Morrow & Schefer, P.A., Hollywood, for appellee.

PER CURIAM.

Appellant's decedent was shot and killed as a result of an altercation which occurred while the vehicle in which he was a passenger was in the drive-through lane at a Miami Subs restaurant owned by a franchisee. The trial court dismissed plaintiff's complaint against Miami Subs, the franchisor, and we affirm.

The complaint alleged that the restaurant was operated by Hollywood Subs, the franchisee, and attached the franchise agreement with the franchisor...

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