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MILLER v. STATE DEPT. OF HEALTH & REHAB. SERV.

No. AW-245.

474 So.2d 1228 (1985)

Stephen P. MILLER, Appellant, v. State of Florida, DEPARTMENT OF HEALTH & REHABILITATIVE SERVICES, Appellee.

District Court of Appeal of Florida, First District.

August 22, 1985.

Attorney(s) appearing for the Case

Ronald H. Schnell, of Carr & Schnell, St. Petersburg, for appellant.

Vivian Feist Garfein and Ronald W. Brooks, of Brooks, Callahan & Phillips, Tallahassee, for appellee.

ZEHMER, Judge.

Stephen P. Miller, plaintiff below, appeals a final judgment entered for defendant, State of Florida, Department of Health & Rehabilitative Services (HRS), in this personal injury case. While a mental patient confined in the Florida State Hospital in Chattahoochee, Miller was attacked and injured by Eddie Hicks, another mental patient. The lower court granted summary judgment on two grounds: (1) HRS is entitled to sovereign immunity under section...

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