RALPH v. CITY OF DAYTONA BEACH

No. 79-515.

412 So.2d 875 (1982)

Orla RALPH, Appellant, v. CITY OF DAYTONA BEACH, a Municipal Corporation, and Cheryl Ann Fetsko, Appellees.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied April 20, 1982.


Attorney(s) appearing for the Case

William H. Seitz of LaRue & Bernardini, P.A., Daytona Beach, for appellant.

Alfred A. Green, Jr., Daytona Beach, for appellee City.

No appearance for appellee Fetsko.


ORFINGER, Judge.

Appellant, as plaintiff below, appeals the dismissal with prejudice of her third amended complaint directed to appellee City of Daytona Beach. A final order of dismissal was entered by the trial court after appellant declined to further amend her pleading. The issue on appeal is whether the City is immune from suit on the basis of the facts alleged.

Plaintiff alleged that she was sunbathing on the Atlantic Ocean beach within the limits of...

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