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CITY OF ORLANDO v. MONTFORT

No. 226.

202 So.2d 138 (1966)

CITY OF ORLANDO, Appellant, v. C.C. MONTFORT and Josie F. Montfort, His Wife, Appellees.

District Court of Appeal of Florida, Fourth District.

On Rehearing September 13, 1967.

Attorney(s) appearing for the Case

W. David Rogers, Jr., of Gurney, Gurney & Handley, Orlando, for appellant.

Bernard J. Zimmerman, of Akerman, Senterfitt, Eidson, Mesmer & Robbinson, Orlando, for appellees.

WALDEN, Chief Judge.

ON PETITION FOR REHEARING

We granted the petition for rehearing presented by appellant, City of Orlando. Upon reconsideration we are persuaded that our initial opinion, filed on September 8, 1966, was erroneous. The new conviction herein expressed is that the judgment appealed must be reversed.

This was a negligence suit with the gravamen of plaintiff's complaint being that the city "did so negligently and carelessly maintain...

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