METROPOLITAN DADE CTY. v. KELLY

No. FF-352.

348 So.2d 49 (1977)

METROPOLITAN DADE COUNTY, etc., et al., Appellants, v. Amelia KELLY et al., Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied August 8, 1977.


Attorney(s) appearing for the Case

John E. Finney, Miami, for appellants.

J. Richard Moore, Corrigan, Werber & Moore, Charles Cook Howell, III, Howell, Howell, Liles & Braddock, Jacksonville, for appellees.


BOYER, Chief Judge.

The trial court denied appellants' motion to dismiss, and appellants filed a timely notice of interlocutory appeal. Two issues are presented: Improper venue, raised by appellant Metropolitan Dade County, and whether the complaint fails to state a cause of action, raised by appellant Pena.

The accident giving rise to this appeal occurred on February 3, 1975, when appellee Amelia Kelly was injured while a passenger in an automobile being...

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