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WHIPPLE v. D & D TREE FARMS, INC.

No. 3D09-2837.

66 So.3d 1011 (2011)

Dwayne WHIPPLE, as Personal Representative of the Estate of Jaylen Whipple, Appellant, v. D & D TREE FARMS, INC., etc., et al., Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied August 26, 2011.

Attorney(s) appearing for the Case

Ralph O. Anderson, Weston; Brill Rinaldi Garcia and David W. Brill, Pembroke Pines and Joseph J. Rinaldi, Jr., Weston; Joel S. Perwin, Miami, for appellant.

Mintzer, Sarowitz, Zeris, Ledva & Meyers, and Raul R. Loredo, Miami, for appellees.

Before GERSTEN, RAMIREZ and EMAS, JJ.

RAMIREZ, C.J.

Dwayne Whipple, as personal representative of the estate of Jaylen Whipple, appeals to this Court the summary judgment entered on the defendants' behalf and the Order Denying the Plaintiff's Motion for Rehearing. We reverse because we agree with Whipple that the trial court erred in granting summary judgment for the defendants.

On August 15, 2007, Dwayne Whipple and Kimberlee Whipple took their 7-year-old son Kevin to the hospital and left the...

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