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BLACK v. RESERVE INSURANCE COMPANY

Nos. 78-1930, 78-1931.

388 So.2d 248 (1980)

Ramona BLACK, Etc., Appellant, v. RESERVE INSURANCE COMPANY, Etc. et al., Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied October 13, 1980.

Attorney(s) appearing for the Case

Arnold R. Ginsberg and Edward A. Perse of Horton, Perse & Ginsberg, and Bernard H. Butts, Miami, for appellant.

Joseph S. Kashi of Grimmett, Conrad, Scherer & James, Fort Lauderdale, for appellees James Davis, Broward County, Bd. of Rules and Appeals, and American Home Assur. Co.

PER CURIAM.

This is an appeal from adverse summary judgments by the plaintiff in a wrongful death action brought under Section 768.28, Florida Statutes (1975). We reverse and remand for further proceedings in light of Commercial Carrier Corporation v. Indian River County, 371 So.2d 1010 (Fla. 1979). The trial court erroneously applied the Modlin1

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