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BROWN v. NAGELHOUT

No. 4D09-4140.

126 So.3d 1093 (2012)

Willie E. BROWN and Brenda Brown, husband and wife, Appellants, v. Kim J. NAGELHOUT, individually, Helena Chemical Co., Inc., a foreign corporation, and CSX Transportation, Inc., a foreign corporation, Appellees.

District Court of Appeal of Florida, Fourth District.

May 16, 2012.

Attorney(s) appearing for the Case

Lincoln J. Connolly of Rossman, Baumberger, Reboso Spier & Connolly, P.A., Miami, for appellants.

Richard A. Sherman, Sr. , and James W. Sherman of Richard A. Sherman, P.A., Fort Lauderdale, David B. Goulfine of Hightower & Partners, Orlando, for appellees, Kim J. Nagelhout and Helena Chemical Co., Inc.

Daniel J. Fleming and Jose A. Gutierrez of Melkus, Fleming & Gutierrez, Tampa, for appellee, CSX Transportation.

ON REMAND FROM THE SUPREME COURT OF FLORIDA

DAMOORGIAN, J.

We reconsider on remand our opinion in Brown v. Nagelhout, 33 So.3d 83 (Fla. 4th DCA 2010), which was quashed by the Florida Supreme Court following its decision in Brown v. Nagelhout, 84 So.3d 304 (Fla.2012).

Based on the Supreme Court's holding in Brown, applying the plain language of sections...

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