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IN THE DISTRICT COURT OF APPEAL OF .THE STATE OF FLORIDA
FOURTH DISTRICT ~ JANUARY TERM 1980
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' DENIIS W, FELLOWS and DENISE M. NOT FINAL UNTILTII~4E EXPIRES
FELLOWS, a minor, by and through 'r0 REH AItItiG PETlTIO~T
her next friend, DENNIS W. FELLOWS, ANp, IF FILrD, Dt~PJScD OF.
Appellants,
v. CASE N0. 77-2545
CITIZENS FEDERAL SAVINGS & LOAN ~ - _
ASSOCIATION OF ST. LUCIE COUNTY,
FLORIDA, and BANK BUILDING CORP-
ORATION OF AMERICA,
Appellees.
Opinion filed t~iay 21, 1980
Appeal from the Circuit Court for Ste. Lucie
County; C. Pfeiffer Trowbridge, Judge.
Thomas Mitchell Barlow, Jr., and S. Lindsey
Holland, Jr., of Crofton, Holland, Starling,
Harris &-Severs, P. A., Melbourne, for
appellants.
Marjorie D. Gadarian of Jones & Foster,
P.A., West Palm Beach, for appellees.
f
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BERANEK, J.
i
r Plaintiff appeals from a su~ucary judgment in favor
of the defendants. We affirm. The facts are that the plaintiff
was proceeding on Highway U. S. 1 when he had car trouble. He
left the highway and entered a driveway on the property of
Citizens Federal Savings ~ Loan Association. Phis driveway
area was under construction by the second defendant, Bank Building
Corporation of America. Plaintiff was not a customer of the Bank
~ and was using the driveway solely for his own purpose. It is
~ alleged that- the driveway was a one-way drive but that it was
not properly marked on the pavement with arrows. In any event,
plaintiff turned around in .the driveway due to his car trouble.
_ This placed him in the position of attempting to cross U. S. 1
8 R~ PA6E z~
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