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OVERBY v. WILLE

No. 81-177.

411 So.2d 1331 (1982)

Rosemary OVERBY, Etc., Appellant, v. Richard P. WILLE, Etc., et al., Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearings Denied April 20, 1982.

Attorney(s) appearing for the Case

Edna L. Caruso and Montgomery, Lytal, Reiter, Denney & Searcy, P.A., West Palm Beach, for appellant.

J. Burke Culler, Jr., of Adams, Coogler, Watson & Smith, P.A., West Palm Beach, for appellee Richard P. Wille.

John P. Wiederhold of Pomeroy, Betts, Wiederhold & Moses, West Palm Beach, for appellees City of Boynton Beach and Northeastern Fire Ins. Co. of Pennsylvania.

HERSEY, Judge.

At 5:20 a.m. on the morning of March 19, 1979, Charles Overby was found hanged by his belt in his cell at the Palm Beach County Jail. His widow, Rosemary Overby, in her capacity as personal representative of his estate, filed a wrongful death action against the City of Boynton Beach (and its insurer) and the Sheriff of Palm Beach County. Summary final judgments were eventually entered in favor of the defendants from which this appeal is taken.

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