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McPHEE v. DADE COUNTY

No. 77-1809.

362 So.2d 74 (1978)

Leona McPHEE, As Personal Representative of the Estate of Brenda Annette McPhee, Deceased, and On Behalf of Octavian Demetrius McPhee and Gregory Terrell McPhee, Surviving Minor Children, Appellant, v. DADE COUNTY, a Political Subdivision of the State of Florida, and Continental Casualty Company, Appellees.

District Court of Appeal of Florida, Third District.

August 15, 1978.

Attorney(s) appearing for the Case

Marlow, Shofi, Ortmayer, Smith & Spangler, Greene & Cooper and Sharon L. Wolfe, Miami, for appellant.

Carey, Dwyer, Cole, Selwood & Bernard and Steven R. Berger, Miami, for appellees.

Before HENDRY, BARKDULL and HUBBART, JJ.

BARKDULL, Judge.

This is an appeal by the plaintiff-appellant, Leona McPhee, as personal representative of the Estate of Brenda Annette McPhee, deceased, and on behalf of Octavian and Gregory McPhee, surviving minor children, from a final summary judgment in favor of Dade County and its insurer, Continental Casualty Company.

The decedent met her death by drowning at Virginia Beach, a County park. From the record it appears that the decedent did not know how...

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