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ERICKSON v. IRVING

Nos. 3D07-1963, 3D07-1790, 3D07-604.

16 So.3d 868 (2009)

Diane ERICKSON, etc., Appellant, v. Robert L. IRVING, et al., Appellees.

District Court of Appeal of Florida, Third District.

Rehearing and Rehearing En Banc Denied September 10, 2009.

Attorney(s) appearing for the Case

Ginsberg & Schwartz and Arnold R. Ginsberg, Miami; Gaebe, Mullen, Antonelli, Esco & DiMatteo and Michael A. Mullen, Coral Gables, for appellant.

Kubicki Draper and Sharon C. Degnan, Ft. Lauderdale, for appellees Robert L. Irving and David Long; Marlow, Connell, Abrams, Adler, Newman & Lewis and Rosemary Wilder, for appellees Community Asphalt and Abelardo Pupo.

Before ROTHENBERG, LAGOA, and SALTER, JJ.

LAGOA, Judge.

The plaintiff, Diane Erickson ("Erickson"), as personal representative of the Estate of Joseph A. Sindoni, Jr., appeals from multiple final judgments entered in this wrongful death case. Defendants, Community Asphalt and Abelardo Pupo ("Pupo"), cross-appeal. Because we conclude that the trial court erred in allowing the defense of joint enterprise to be submitted to the jury, we reverse and remand for a new trial.1

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