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COLLOM v. HOLTON

Nos. 83-524, 83-654.

449 So.2d 1003 (1984)

Bert H. COLLOM, As Personal Representative of the Estate of April Collom, Deceased and the Estate of Judith Collom, Deceased, and Guardian of Shelley H. Collom, and for Himself, Individually, Appellant, v. Jack J. HOLTON and Excelsior Insurance Company, Appellees. CITY OF ST. PETERSBURG, Appellant, v. Jack J. HOLTON and Excelsior Insurance Company, Appellees.

District Court of Appeal of Florida, Second District.

May 16, 1984.

Attorney(s) appearing for the Case

Donald W. Giffin of Giffin & Thellman, P.A., St. Petersburg, for appellant Collom.

Donald M. Spangler, P.A., St. Petersburg, for appellees Holton and Excelsior Insurance Company.

Michael S. Davis, City Atty. and William N. Drake, Jr., Asst. City Atty., St. Petersburg, for appellant City of St. Petersburg.

RYDER, Judge.

In this consolidated appeal arising out of the same set of facts, Bert Collom, plaintiff below, and the City of St. Petersburg (City), defendant and cross-claimant below, seek review of the orders granting Holton's and his insurance company's, defendants and cross-claim defendants below, motions for summary judgment as to Collom's wrongful death action and the City's indemnity and contribution action. We reverse.

First, we agree with the trial...

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