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SMITH v. HOOLIGAN'S PUB & OYSTER BAR, LTD.

No. 3D98-1479.

753 So.2d 596 (2000)

Susan SMITH, as Personal Representative of the Estate of David Smith, deceased; and Susan and James Smith, individually, Appellants, v. HOOLIGAN'S PUB & OYSTER BAR, LTD., and Jay Love, Appellees.

District Court of Appeal of Florida, Third District.

February 16, 2000.

Attorney(s) appearing for the Case

Holland & Knight and Daniel S. Pearson, and Ilene L. Pabian, Miami, for appellants.

Marlow, Connell, Valerius, Abrams, Adler & Newman and William G. Edwards, Miami, for appellees.

Before GREEN and SORONDO, JJ., and NESBITT, Senior Judge.

ON MOTION FOR REHEARING— GRANTED

PER CURIAM.

We grant Appellees' Motion for Rehearing, withdraw our previous opinion, and substitute the following in its place.

Susan and James Smith (the Smiths), parents of the deceased David Smith (David), appeal from a final judgment entered in accordance with a jury verdict. We reverse and remand for a new trial.

Twenty-two year old David Smith was shot and killed by Josef Riano (Riano)...

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