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FITZSIMMONS v. CITY OF PENSACOLA

No. T-108.

297 So.2d 107 (1974)

Robert A. FITZSIMMONS, a Minor, by His Father and Next Friend, Thomas A. Fitzsimmons, and Thomas A. Fitzsimmons, Individually, Appellants, v. CITY OF PENSACOLA, a Municipal Corporation, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied July 19, 1974.

Attorney(s) appearing for the Case

R.P. Warfield, Levin, Warfield, Graff, Mabie & Rosenbloum, Pensacola, for appellants.

Robert P. Gaines, Beggs, Lane, Daniel, Gaines & Davis, Pensacola, for appellee.

BOYER, Judge.

We have for review a final summary judgment in favor of the defendant below, City of Pensacola, entered by the Circuit Judge in a personal injury action.

The accident giving rise to the controversy occurred on August 12, 1971. Suit was commenced on August 10, 1972, and the summary final judgment here for review was entered February 26, 1973. In the meantime, after the complaint was filed but before entry of the summary final judgment, the District...

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