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BETANCOURT v. METROPOLITAN DADE COUNTY

No. 79-2149.

393 So.2d 21 (1981)

Hilda BETANCOURT, As Personal Representative of the Estate of Guzman Betancourt, Deceased, for the Benefit of the Estate and Its Lawful Survivors, Appellant, v. METROPOLITAN DADE COUNTY, a Political Subdivision of the State of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied February 20, 1981.

Attorney(s) appearing for the Case

Horton, Perse & Ginsberg and Arnold R. Ginsberg, Ratiner & Glinn, Miami, for appellant.

Robert A. Ginsburg, County Atty. and Thomas Goldstein, Asst. County Atty., for appellee.

Before HUBBART, C.J., NESBITT, J., and MELVIN, WOODROW M. (Ret.), Associate Judge.

NESBITT, Judge.

The question before us is whether the Legislature has, by the adoption of Section 325.29, Florida Statutes (1977), withdrawn inspectors and inspection stations from the waiver of immunity effected by the adoption of Section 768.28, Florida Statutes (1977). Finding that it has, we affirm the order which dismissed the appellant's plaintiff below, complaint with prejudice.

Plaintiff alleged that the decedent died from carbon monoxide poisoning...

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