WILLIAM R. GALIVAN, JR., INDIVIDUALLY, AND AS FATHER AND NEXT FRIEND OF MARY ALICE GALIVAN AND VERONICA GALIVAN, MINORS; AND MARY GALIVAN, HIS WIFE, APPELLANTS,
v.
THE LOWELL DUNN COMPANY, A FLORIDA CORPORATION; AND MILLS ENGINEERING COMPANY, INC., A FLORIDA CORPORATION, APPELLEES

Fla. 3d DCA | 1968-07-02
No. 68-8
Before BARKDULL, HENDRY and SWANN, JJ.
212 So. 2d 334 Florida District Court of Appeal, Third District (1968)

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Synopsis

This case involves an appeal from an order dismissing a negligence complaint against two companies accused of removing a stop sign. The appellate court affirmed the dismissal, finding no error in the trial court's decision.


Holding

No, the trial court did not err in dismissing the amended complaint against the appellees. The appellate court found no error in the trial court's decision.


Key Quotes

“The appellants, plaintiffs in the trial court, seek review of an order of the trial court dismissing their amended complaint with prejudice as to the appellees, The Lowell Dunn Company and Mills Engineering Company, Inc.”

Describes the procedural posture and the parties involved in the appeal.

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Facts & Procedural History

Plaintiffs sued two companies, The Lowell Dunn Company and Mills Engineering Company, Inc., alleging they removed a stop sign during construction. An …

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Opinion of the Court
PER CURIAM.

PER CURIAM.

The appellants, plaintiffs in the trial court, seek review of an order of the trial court dismissing their amended complaint with prejudice as to the appellees, The Lowell Dunn Company and Mills Engineering Company, Inc. The action in the trial court sounded in negligence, and the cause still pends against another defendant who was the alleged active tort feasor.

The appellees were charged in the amended complaint with having removed a stop sign at an intersection while doing certain construction work, after which an automobile accident occurred between the appellants and the remaining defendant in the trial court.

We find no error in the dismissal of the appellees, The Lowell Dunn Company and Mills Engineering Company, Inc. See: Rosen v. City of Miami, 141 Fla. 664, 193 So. 749; Raven v. Coates, Fla.App.1961, 125 So.2d 770.

Therefore, the final order here under review be and the same is hereby affirmed.

Affirmed.


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