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CITY OF MIAMI v. CLEVELAND

No. 70-808.

250 So.2d 298 (1971)

CITY OF MIAMI, a Municipal Corporation, Appellant, v. Catherine CLEVELAND, As Administratrix of the Estate of Ejester Cleveland, Deceased, and Catherine Cleveland, As Surviving Spouse of Ejester Cleveland, Deceased, Appellee.

District Court of Appeal of Florida, Third District.

June 29, 1971.

Attorney(s) appearing for the Case

Alan H. Rothstein, City Atty., and John S. Lloyd, Asst. City Atty., for appellant.

Frates, Floyd, Pearson & Stewart and L. Edward McClellan, Jr., Miami, for appellee.

Before CHARLES CARROLL, BARKDULL and HENDRY, JJ.

CARROLL, Judge.

This appeal by the City of Miami, the defendant below, is from an adverse judgment based on a jury verdict, in an action for damages filed against the City of Miami by the administratrix of the estate of Ejester Cleveland, deceased, under the survival act, § 46.021 Fla. Stat., F.S.A., and by Cleveland's widow, under the wrongful death act, §§ 768.01 and 768.02 Fla. Stat., F.S.A., alleging the death of Ejester Cleveland was proximately...

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