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WELCH v. CITY OF SOUTH BAY

Nos. 700, 701.

202 So.2d 97 (1967)

Curtis WELCH, Bodan Welch, Ronald Welch and Henry Welch, by and through Their Mother and Next Friend, C. Etta Welch, Appellants, v. The CITY OF SOUTH BAY, Florida, a Municipal Corporation, and Dalton Alford, Appellees. Edward ROGERS, As Curator of the Estate of J.C. Welch, Deceased, Appellant, v. The CITY OF SOUTH BAY, Florida, a Municipal Corporation, and Dalton Alford, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied September 26, 1967.

Attorney(s) appearing for the Case

Robert Orseck, of Podhurst & Orseck and Nichols, Gaither, Beckham, Colson, Spence & Hicks, Miami, for appellants.

John R. Beranek, of Jones, Adams, Paine & Foster, Vero Beach, and John A. Gentry III, of Beverly & Moyle, West Palm Beach, for appellees.

PER CURIAM.

Appellants (plaintiffs), in two cases consolidated for trial due to the fact that the primary question of law presented in each case was basically identical and now consolidated for appeal, appeal from a final judgment entered in favor of the appellees (defendants) in a survival action and from an order granting appellees' motion for a new trial in a wrongful death action.

The cause of action arose from the shooting of one J.C. Welch by a policeman...

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