RIPPY v. SHEPARD

No. 1D07-6626.

15 So.3d 921 (2009)

James Earl RIPPY, Appellant, v. James SHEPARD, Appellee.

District Court of Appeal of Florida, First District.

August 6, 2009.


Attorney(s) appearing for the Case

Robert J. Healy, Jr., of Salter, Healy, LLC, St. Petersburg, for Appellant.

Jennifer Cates Lester of Dell Graham, PA, Gainesville, for Appellee.

Caryn L. Bellus and Sharon C. Degnan of Kubicki Draper, P.A., Miami for Amicus Florida Defense Lawyer's Association.


ROBERTS, J.

The appellant, James Earl Rippy, appeals a final order granting a motion to dismiss his complaint against the appellee, James Shepard. The issue below and in the instant case is whether a farm tractor is a dangerous instrumentality. We find that it is not and affirm the order of dismissal.

Because the issue of whether a farm tractor is a dangerous instrumentality is one of law, we review the issue de novo. See Emerald Corr. Mgmt. v. Bay County...

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