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CITY OF MIAMI v. JIMINEZ

No. 71-1021.

266 So.2d 46 (1972)

CITY OF MIAMI, a Municipal Corporation, Appellant, v. Noemi L. JIMINEZ, As Surviving Spouse of Rolando Jiminez, Deceased, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied September 19, 1972.

Attorney(s) appearing for the Case

Alan H. Rothstein, City Atty., and John S. Lloyd, Asst. City Atty., Horton, Schwartz & Perse, Miami, for appellant.

Frates, Floyd, Pearson & Stewart, Miami, for appellee.

Before BARKDULL, C.J., and HENDRY and HAVERFIELD, JJ.

HENDRY, Judge.

Appellant-defendant, the City of Miami, seeks review of a final judgment awarding $300,000.00, pursuant to a jury verdict for that amount, to appellee-plaintiff, Noemi L. Jiminez for the wrongful death of her husband, Rolando Jiminez. Ch. 768, Fla. Stat., F.S.A. Mr. Jiminez was shot and killed by police officer Clayton while decedent was moonlighting as a taxi-driver on February 17, 1970, at the taxi company's headquarters.

The appellant city...

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