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520 So. 2d 709

520 So.2d 709

13 Fla.L.Weekly 647

James v. Plano

District Court of Appeal of Florida · decided 1988-03-09

Relies on Gory Roofing Tile Manufacturing, Inc. v. Davison

Decided 1988-03-09

¶1ON REHEARING

PER CURIAM.

¶2We deny the appellee’s motion for rehearing. However, we withdraw our opin*710ion of December 16, 1987, and substitute the following revised opinion:

¶3On the authority of Holl v. Talcott, 191 So.2d 40 (Fla.1966), we reverse the summary final judgment and the resulting cost judgment entered in favor of the appellee, Frank Plano d/b/a Gulfstream Masonry (Plano), against the appellant Robert James (James). A genuine issue of material fact remains as to whether the wall that collapsed resulting in injury to James was negligently constructed by Plano. For this reason, the summary final judgment entered against Milord Development Corporation on its cross claim for contribution and common law indemnity is also reversed.

¶4REVERSED AND REMANDED.

ANSTEAD, GUNTHER and STONE, JJ., concur.
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