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McGILL v. DION'S NURSERY & TRANSPORT SERVS.

No. 2D10-1162.

59 So.3d 388 (2011)

Truman McGILL and Margo McGill, Appellants, v. MARTIN PEREZ and DION'S NURSERY & TRANSPORT SERVICES, INC., Appellees.

District Court of Appeal of Florida, Second District.

May 6, 2011.

Attorney(s) appearing for the Case

Timothy B. Sanders and Dean Burnetti of Burnetti, PA, Tampa, for Appellants.

Mark B. Yeslow of Yeslow & Koeppel, Fort Myers, for Appellees.

NORTHCUTT, Judge.

Truman McGill and his wife, Margo, sued Martin Perez and Dion's Nursery and Transport Services for damages suffered in a traffic accident. Perez and Dion's Nursery moved for summary judgment on the issue of their negligence. A general magistrate heard their motion and recommended that it be granted. The circuit court adopted the magistrate's recommendation and entered final summary judgment in favor of the defendants. We reverse.

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