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WELSH v. METROPOLITAN DADE CTY.

No. 78-174.

366 So.2d 518 (1979)

Linda WELSH, As Surviving Spouse of Jeffrey Allan Welsh, Linda Welsh As Personal Representative of the Estate of Jeffrey Allan Welsh, Deceased, and for the Benefit of Kimberly Welsh, a Minor, Appellants, v. METROPOLITAN DADE COUNTY, a Metropolitan Subdivision of the State of Florida and George Feller and Lois T. Feller, His Wife, and Robert J. Major and Anne Major, His Wife, Appellees.

District Court of Appeal of Florida, Third District.

January 23, 1979.

Attorney(s) appearing for the Case

Horton, Perse & Ginsberg, Francis O'Donnell, Miami, for appellants.

Knight, Peters, Pickle, Niemoeller & Flynn and Stephen A. Stieglitz, Miami, for appellees.

Before BARKDULL and HUBBART, JJ., and CHARLES CARROLL (Ret.), Associate Judge.

HUBBART, Judge.

This is a wrongful death action which the trial court dismissed with prejudice in the Circuit Court for the Eleventh Judicial Circuit of Florida. The plaintiff appeals.

The first issue presented for review is whether a negligence action against a county based on the alleged improper maintenance of the county's roads and streets is barred by the doctrine of sovereign immunity. If not, a second issue...

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