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SLEMP v. CITY OF NORTH MIAMI

No. 85-2796.

515 So.2d 353 (1987)

Fletcher SLEMP and Dora Slemp, Appellants, v. CITY OF NORTH MIAMI, Appellee.

District Court of Appeal of Florida, Third District.

November 10, 1987.

Attorney(s) appearing for the Case

Pepe & Nemire and Thomas F. Pepe, Coral Gables, for appellants.

Simon, Schindler, Hurst & Sandberg and Thomas M. Pflaum, Miami, for appellee.

Before SCHWARTZ, C.J., and BARKDULL, HENDRY, HUBBART, NESBITT, BASKIN, DANIEL S. PEARSON, FERGUSON and JORGENSON, JJ.

ON REHEARING EN BANC

HENDRY, Judge.

We have taken this case en banc to consider appellee City of North Miami's argument that the original panel of this court should have affirmed the trial court's granting of a summary judgment based upon the doctrine of sovereign tort immunity. We substitute the following discussion for the original opinion published at 11 F.L.W. 1489.

This is an appeal by the plaintiffs below, Fletcher and Dora Slemp, from an adverse...

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