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CATE v. OLDHAM

No. 63775.

450 So.2d 224 (1984)

Kenneth R. CATE, et al., Appellants/Petitioners, v. Gordon G. OLDHAM, Jr., et al., Appellees/Respondents.

Supreme Court of Florida.

May 3, 1984.

Attorney(s) appearing for the Case

Dennis J. Wall of Rumberger, Kirk, Caldwell, Cabaniss & Burke, Orlando, for appellants/petitioners.

David R. Best, and John M. Robertson of Robertson, Williams, Duane, Lewis & Ranson, Orlando, for appellees/respondents.

ADKINS, Justice.

This cause is before us on discretionary review of two questions certified to this Court by the Eleventh Circuit Court of Appeals. We have jurisdiction. Art. V, § 3(b)(6), Fla. Const. The questions certified by the federal appellate court are:

1) Under the common law of Florida, may a state official who has been sued in his official capacity for alleged negligence in the exercise of his official duties, maintain an action for malicious...

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