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CITY OF WEST PALM BEACH v. COWART

No. 69-437.

241 So.2d 748 (1970)

CITY OF WEST PALM BEACH, Appellant, v. Roy C. COWART, Sr., and Widell Associates, Inc., a Florida Corporation, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied December 29, 1970.

Attorney(s) appearing for the Case

Donald J. Lunny, of James, Bielejeski, Lunny & Thomas, and George B. Pomeroy, Fort Lauderdale, for appellant.

Larry Klein, of Cone, Wagner, Nugent, Johnson, McKeown & Dell, West Palm Beach, for appellee Cowart.

METZGER, JOSEPH P., Associate Judge.

This appeal emanates from a final judgment after a jury trial which resulted in a verdict in favor of Roy C. Cowart, Sr., in the sum of $20,000.00 and against the City of West Palm Beach, Florida, for the wrongful death by drowning under the theory of attractive nuisance of the plaintiffs' nine year old son, who was born out-of-wedlock.

The issues presented are whether the father of the illegitimate child has standing for...

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