DICKEY v. KITROSER

Nos. 4D09-2377, 4D09-2378.

53 So.3d 1182 (2011)

Dale E. DICKEY and Airgas Carbonic, Inc., a Foreign Corporation, Appellants, v. Mitchell KITROSER, as Personal Representative of the Estate of Rhina M. Castro Lara, Benigno Rodriguez, Individually, Gloria Rodriguez, Individually, and Felicita Lara, Individually, Appellees.

District Court of Appeal of Florida, Fourth District.

February 9, 2011.


Attorney(s) appearing for the Case

Patrick J. Rengstl and Stuart I. Grossman, P.A., of Levine Kellogg Lehman Schneider & Grossman, L.L.P., Miami, for appellant Dale E. Dickey.

Brad Redlien and Frank A. Zacherl of Shutts & Bowen, L.L.P., Miami, for appellant Airgas Carbonic, Inc., a Foreign Corporation.

Bard D. Rockenbach of Burlington & Rockenbach, P.A., West Palm Beach, and Steven G. Calamusa of Gordon & Doner, P.A., Palm Beach Gardens, for appellees.

Shelley H. Leinicke of Wicker, Smith, O'Hara, McCoy & Ford, P.A., Fort Lauderdale, for appellee Bob's Barricades, Inc.


HAZOURI, J.

Dale E. Dickey and Airgas Carbonic Inc., defendants below, appeal from the entry of final summary judgment in favor of codefendant Bob's Barricades Inc., in a tort action filed by the plaintiffs below, Mitchell Kitroser, as Personal Representative of the Estate of Rhina M. Castro Lara, Benigno Rodriguez, individually, Gloria Rodriguez, individually, and Felicita Lara, individually. Because the trial court abused its discretion when it denied Dickey and...

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