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CITY OF DAYTONA BEACH v. HUHN

No. 65454.

468 So.2d 963 (1985)

CITY OF DAYTONA BEACH, et al., Petitioners, v. Laura HUHN, Respondent.

Supreme Court of Florida.

April 4, 1985.

Attorney(s) appearing for the Case

Alfred A. Green, Jr. and Frank B. Gummey, III, Daytona Beach, for petitioners.

Dennis P. Dore of Haas, Boehm, Brown, Rigdon and Seacrest, Daytona Beach, for respondent.

Larry Klein, West Palm Beach, amicus curiae for The Academy Of Florida Trial Lawyers.

OVERTON, Justice.

We quash the decision of the Fifth District Court of Appeal reported as Huhn v. Dixie Insurance Co., 453 So.2d 70 (Fla. 5th DCA 1984), on the basis of our decision in Everton v. Willard, 468 So.2d 936 (Fla. 1985). We remand with directions that the trial court's order dismissing the respondent's complaint for failure to state a cause of action be reinstated.

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