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MILLER v. WALLACE

No. 90-1616.

591 So.2d 971 (1991)

Emmitt MILLER, Appellant/Cross-Appellee, v. James WALLACE, Appellee/Cross-Appellant.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied January 23, 1992.

Attorney(s) appearing for the Case

W. David Rogers, Jr., of Rogers, Dowling and Fleming, Orlando, for appellant/cross-appellee.

Ronald H. Watson, of Merritt and Watson, P.A., Eustis, for appellee/cross-appellant.

ANTOON, J., Associate Judge.

James Wallace was injured when the branch of an orange tree growing on property of Emmitt Miller came through the open window of the truck he was driving, striking him in the eye. Wallace sued Miller, alleging negligence in failing to warn him of the danger and in failing to prune or remove the trees. Miller moved for summary judgment prior to trial and for directed verdict at the end of the plaintiff's case and again at the close of the...

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