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SYLVESTER v. CITY OF DELRAY BEACH

No. 84-1732.

486 So.2d 607 (1986)

Robert SYLVESTER and Robert Druien, Appellants/Cross-Appellees, v. CITY OF DELRAY BEACH, L. Eldon Mariott and Charles L. Kilgore, Appellees/Cross-Appellants.

District Court of Appeal of Florida, Fourth District.

On Motion for Rehearing April 23, 1986.

Attorney(s) appearing for the Case

Thomas J. Wooley, Jr., Boynton Beach, Montgomery, Lytal, Reiter, Denney & Searcy, P.A., and Edna L. Caruso, P.A., West Palm Beach for appellants/cross-appellees.

Herbert W.A. Thiele, Barbara A. Hall and Sharon V. Delegal, Delray Beach, for appellees/cross-appellants, City of Delray Beach and L. Eldon Mariott.

Monroe A. Coogler, Jr. of Adams, Coogler, Watson & Merkel, P.A., West Palm Beach, for appellee/cross-appellant, Charles L. Kilgore.

PER CURIAM.

We affirm the trial court's post-trial order, directing a new trial for Sylvester only on the issue of retaliation, granting defendants' motions for judgment notwithstanding the verdicts upon the issue of suspension, and granting leave to Sylvester to amend his pleadings. The defendants are not precluded from attacks on the plaintiff's pleadings.

GLICKSTEIN and HURLEY, JJ., and GODERICH, MARIO P., Associate Judge, concur.

ON MOTION FOR...

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