WALLACE v. NATIONWIDE MUT. FIRE INS. CO.

No. 77-2287.

376 So.2d 39 (1979)

Raeann WALLACE and James R. Wallace, II, Appellants, v. NATIONWIDE MUTUAL FIRE INSURANCE CO., a Foreign Corporation, Carol M. Mikita, Aetna Casualty & Surety Company, a Foreign Corporation, the City of Port St. Lucie, a Municipal Corporation, Appellees.

District Court of Appeal of Florida, Fourth District.

October 24, 1979.


Attorney(s) appearing for the Case

Larry Klein, West Palm Beach, and Patrick Massa of Cone, Owen, Wagner, Nugent, Johnson & McKeown, P.A., West Palm Beach, for appellants.

Marjorie D. Gadarian of Jones, Paine & Foster, P.A., West Palm Beach, for appellees, City of Port Saint Lucie and Aetna Cas. & Sur. Co.

Michael Jeffries of Neill Griffin Jeffries & Lloyd, Fort Pierce, for appellees, Nationwide Mut. Fire Ins. Co. and Carol M. Mikita.


LETTS, Judge.

This appeal springs from a summary judgment which recited that the failure of a city to immediately restore a fallen stop sign did not constitute actionable negligence against it. We reverse.

Whatever disposition we might have otherwise made, we are now controlled by the recent consolidated decision by the Supreme Court in Commercial Carrier Corporation v. Indian River County and Cheney v. Dade

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