Kutlesic v. Mervel

987 So.2d 697 (2008)

Gianina KUTLESIC, Appellant,
v.
Martin R. MERVEL and Denise Ellen Peak, as personal representatives of the Estate of Bernard Mervel, deceased, Appellees.

No. 3D07-170.

District Court of Appeal of Florida, Third District.

May 28, 2008. Rehearing Denied August 28, 2008.

Erik W. Scharf, Coconut Creek, for appellant.

Golden & Cowan and Edward I. Golden; Jay M. Levy, Miami, for appellees.

Before COPE and SUAREZ, JJ., and SCHWARTZ, Senior Judge.

PER CURIAM.

Affirmed.

SUAREZ, J., and SCHWARTZ, Senior Judge, concur.

COPE, J., dissenting.

I would reverse on authority of Lauda v. H.F. Mason Equipment Corp., 407 So.2d 392 (Fla. 3d DCA 1981).