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NEUMANN v. DAVIS WATER AND WASTE, INC.

No. 81-1742.

433 So.2d 559 (1983)

Janice D. NEUMANN, Personal Representative of the Estate of Brian K. Roberts, a Deceased Minor, Appellant, v. DAVIS WATER AND WASTE, INC., and Davis Water and Waste Industries, Inc., D/B/a Davis Water and Waste, and State of Florida Department of Environmental Regulation, Appellees.

District Court of Appeal of Florida, Second District.

Rehearing Denied June 30, 1983.

Attorney(s) appearing for the Case

Ernest S. Marshall, P. Allen Schofield, Bradenton, for appellant.

James R. Dirmann of Dirmann & Scott, Sarasota, for appellee, Dept. of Environmental Regulation.

Barbara J. Paulson of Fowler, White, Gillen, Boggs, Villareal & Banker, P.A., Tampa, for appellee Davis.

OTT, Chief Judge.

The trial court dismissed with prejudice appellant's claims against Davis Water and Waste, Inc., and Davis Water and Waste Industries, Inc., d/b/a Davis Water and Waste (Davis), and against the State of Florida Department of Environmental Regulation (DER). We affirm.

Appellant's third amended complaint for wrongful death alleged, inter alia, that appellant's three-year-old son was playing...

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