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McCLUNG v. CITY OF BOYNTON BEACH

No. 80-1016.

399 So.2d 453 (1981)

James D. McCLUNG, As Personal Representative of the Estate of Pamela McClung, Deceased, Appellant, v. CITY OF BOYNTON BEACH, Florida, a Municipal Corporation, American States Insurance Company, Board of County Commissioners of Palm Beach County, Florida, a Political Subdivision of the State of Florida, and Nationwide Insurance Company, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied July 2, 1981.

Attorney(s) appearing for the Case

John R. Hargrove and Robert S. Hackleman of McCune, Hiaasen, Crum, Ferris & Gardner, P.A., Fort Lauderdale, and Scott, Dickenson & Linus, Boca Raton, for appellant.

Keith H. Park of Albury Park & Glenn, West Palm Beach, for appellees — City of Boynton Beach and American States Insurance Company.

Edna L. Caruso and Montgomery, Lytal, Reiter, Denney & Searcy, P.A., West Palm Beach, for appellees — Board of County Commissioners and Nationwide Insurance Co.

PER CURIAM.

This is an appeal from a final order dismissing plaintiff's complaint against the City of Boynton Beach Palm Beach County and their insurance carriers. The determinative issue in the trial court and at this level is whether the governmental acts complained of should be characterized as "planning" or "operational" level activity as those terms are defined in Commercial Carrier Corp. v. Indian River County, 371 So.2d 1010

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