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STATE, DEPT. OF HIGHWAY SAFETY & MOTOR VEHICLES v. KROPFF

No. 83-2479.

445 So.2d 1068 (1984)

STATE of Florida, DEPARTMENT OF HIGHWAY SAFETY & MOTOR VEHICLES, DIVISION OF HIGHWAY PATROL, and James A. Carr, Petitioners, v. Susan Ann KROPFF, Respondent.

District Court of Appeal of Florida, Third District.

Rehearing Denied March 21, 1984.

Attorney(s) appearing for the Case

Charles F. Mills and William A. Meadows, Jr., South Miami, for petitioners.

Rossman & Baumberger and Robert D. Peltz, Miami, for respondent.

Gabriel Mazzeo, Tallahassee, for Bill Gunter, Insurance Commissioner and Treasurer, as amicus curiae.

Before HENDRY, BASKIN and JORGENSON, JJ.

JORGENSON, Judge.

The genesis of this petition for a writ of certiorari was a negligence action filed by Kropff against the Department of Highway Safety & Motor Vehicles, Division of Highway Patrol, and Trooper James A. Carr. For the reasons which follow we grant the petition, vacate the order entered by the trial court and remand for further proceedings.

During the course of discovery the plaintiff filed a notice of taking deposition pursuant to Florida...

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