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POTTER v. FLORIDA HIGHWAY PATROL

No. 81-676.

413 So.2d 452 (1982)

Lee M. POTTER, As Personal Representative of the Estate of Helen L. Potter, Deceased, Appellant, v. FLORIDA HIGHWAY PATROL, DEPARTMENT OF HIGHWAY SAFETY, AND MOTOR VEHICLES, Appellee.

District Court of Appeal of Florida, Fifth District.

May 5, 1982.

Attorney(s) appearing for the Case

Gregory L. Macy of Hamilton & Douglas, P.A., Tampa, for appellant.

L. Edward McClellan, Jr., of McClellan, Kaster & Vostrejs, P.A., Ocala, for appellee.

PER CURIAM.

AFFIRMED.

COBB and FRANK D. UPCHURCH, Jr., JJ., concur.

DAUKSCH, C.J., dissents with opinion.

DAUKSCH, Chief Judge, dissenting:

I respectfully dissent. In my opinion there was sufficient lawful evidence presented in the plaintiff's case to warrant a reversal of the order directing a verdict for the appellee. This case involves a highway patrol trooper who was driving his car at an excessive rate of speed, seventy miles per...

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