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RECKNER v. FOREMOST INSURANCE COMPANY

No. 79-14.

376 So.2d 426 (1979)

William Patrick RECKNER, Appellant, v. FOREMOST INSURANCE COMPANY, et al., Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied November 27, 1979.

Attorney(s) appearing for the Case

Edna L. Caruso, P.A., and Montgomery, Lytal, Reiter, Denney & Searcy, P.A., West Palm Beach, and Tomberg & Woolley, P.A., Boynton Beach, for appellant.

Roy R. Watson II and Maureen L. McGill of Adams, Sullivan, Coogler, Watson & Smith, West Palm Beach, for appellees Appalachian Ins. Co., Stanley Cale and George Meyers.

Marjorie D. Gadarian of Jones, Paine & Foster, P.A., West Palm Beach, for appellees Foremost Ins. Co., City of Boynton Beach, James Rhoden and Gene Knight.

PER CURIAM.

This is an appeal from the dismissal of an action against a municipality on the authority of Modlin v. City of Miami Beach, 201 So.2d 70 (Fla. 1967). Subsequently, the Florida Supreme Court has ruled that Modlin, supra, has no application to actions brought pursuant to Section 768.28, Florida Statutes (1974). Commercial Carrier Corporation v. Indian River County, 371 So.2d 1010<...

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