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WHRITENOUR v. THOMPSON

No. 2D13-3434.

145 So.3d 870 (2014)

Melanie A. WHRITENOUR, Court Appointed Guardian of William T. Wolden and as Parent and Legal Guardian of Gavin A. Wolden, Appellant, v. Tina F. THOMPSON, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied August 29, 2014.

Attorney(s) appearing for the Case

Celene H. Humphries of Brannock & Humphries, Tampa; and George A. Lorenzo of Lorenzo & Lorenzo, P.A., Tampa, for Appellant.

Elizabeth C. Wheeler of Elizabeth C. Wheeler, P.A., Orlando, for Appellee.

SLEET, Judge.

Melanie Whritenour, appointed guardian of William Wolden and parent and legal guardian of Gavin Wolden, appeals an order granting final summary judgment. Because Whritenour was entitled to a jury trial on the issues of negligence and damages, the trial court erred as a matter of law. Accordingly, we reverse.

This case, to our knowledge, involves an unprecedented situation. Thompson, the defendant below...

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