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PREFERRED RISK MUT. INS. CO. v. SABODA

Nos. 84-1173, 84-1203.

489 So.2d 768 (1986)

PREFERRED RISK MUTUAL INSURANCE COMPANY, and Howard Cauvel, As Personal Representative of the Estate of Ronald L. Sanders, Appellants, v. Charlotte C. SABODA, As Personal Representative of the Estate of Stephen Saboda, Deceased, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied June 13, 1986.

Attorney(s) appearing for the Case

William A. Parsons of Leonhardt, Upchurch & Parsons, P.A., Daytona Beach, for appellant Cauvel.

Dennis B. Dore of Haas, Boehm, Brown, Rigdon & Seacrest, P.A., Daytona Beach, for appellant Preferred Risk.

Dwight Chamberlin of Dunn, Smith, Withers & Hart, Daytona Beach, for appellee.

ON MOTION FOR REHEARING EN BANC

PER CURIAM.

The appellants, defendants below, have moved for an en banc rehearing of our affirmance of a judgment against them. We grant that motion and vacate the opinion filed in this cause on December 26, 1985. The facts, as alleged and established below, show that Saboda, a SWAT team member, was shot and killed by Sanders during a seige of the latter's home, after Sanders had shot and wounded another deputy. The...

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