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VALDES v. OPTIMIST CLUB OF SUNILAND, INC.

No. 3D08-1563.

27 So.3d 689 (2009)

Armando VALDES, III, etc., et al., Appellants, v. OPTIMIST CLUB OF SUNILAND, INC., et al., Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied February 23, 2010.

Attorney(s) appearing for the Case

Hersch & Talisman and Patrice A. Talisman; Donna B. Michelson, Coconut Grove, and Phillip D. Parrish, for appellants.

Thornton, Davis & Fein and Barry L. Davis and Michael D. Bon, Miami, for appellees.

Before RAMIREZ, C.J., and ROTHENBERG, and LAGOA, JJ.

RAMIREZ, C.J.

Armando Valdes, III and his parents, appeal the trial court's entry of final summary judgment in favor of the defendants below, McNeil-P.P.C., Inc. Because we believe the United States Supreme Court's decision in Wyeth v. Levine, ___ U.S. ___, 129 S.Ct. 1187, 173 L.Ed.2d 51 (2009), controls the issue of federal preemption presented in this case, we reverse the trial court's determination.

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