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THOMPKINS v. METROPOLITAN DADE CTY.

No. 76-797.

345 So.2d 1090 (1977)

Felicia THOMPKINS, a Minor by and through Her Father and Next Friend, Bobby Thompkins, and Bobby Thompkins, Individually, Appellants, v. METROPOLITAN DADE COUNTY, a Political Subdivision of the State of Florida, et al., Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied June 6, 1977.

Attorney(s) appearing for the Case

Horton, Perse & Ginsberg, Miami, Sadow & Lynne, North Miami, for appellants.

Fowler, White, Burnett, Hurley, Banick & Knight and Fred R. Ober, Carey, Dwyer, Cole, Selwood & Bernard and Steven R. Berger, Miami, for appellees.

Before PEARSON, BARKDULL and NATHAN, JJ.

PER CURIAM.

Plaintiffs appeal from an order dismissing their amended complaint for failure to state a cause of action. The original complaint was found defective for failure to allege a legal deputy imposed upon the County and a violation of that duty. The amended complaint was dismissed on the same ground and plaintiffs declined to plead further. Thereupon, final judgment was entered.

Whether a complaint states a cause of action must be determined from the...

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