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AVERY v. OWEN

No. 82-1342.

433 So.2d 564 (1983)

Jo Ann AVERY, As Personal Representative of the Estate of James Avery, Deceased, and for the Use and Benefit of Cynthia Ann Avery and Charles Mark Avery, Minors, Surviving Children of James Avery, Deceased, and Jo Ann Avery, Individually, Appellants, v. Don OWEN and the City of Sweetwater, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied July 13, 1983.

Attorney(s) appearing for the Case

Frates & Novey and Terry S. Beinstock and Lauri Waldman, for appellants.

Kimbrell, Hamann, Jennings, Womack, Carlson & Kniskern and Susan J. Cole and Michael K. McLemore, Miami, for appellees.

Before HENDRY, BARKDULL and JORGENSON, JJ.

PER CURIAM.

Affirmed. See Keyes Co. v. Sens, 382 So.2d 1273 (Fla. 3d DCA 1980); Gallagher v. Federal Insurance Co., 346 So.2d 95 (Fla. 3d DCA), cert. denied, 354 So.2d 980 (Fla. 1977); Industrial Waste Service, Inc. v. Henderson, 305 So.2d 42 (Fla. 3d DCA 1974), cert. denied, 316 So.2d 561

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