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WRIGHT v. STATE, DEPT. OF AGRICULTURE

No. BS-318.

540 So.2d 830 (1988)

Ann L. WRIGHT, Individually and As Personal Representative of the Estate of Leigh Ann Wright, and Kenneth A. Wright, Appellants, v. STATE of Florida, DEPARTMENT OF AGRICULTURE and the City of Jacksonville, Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied January 10, 1989.

Attorney(s) appearing for the Case

Dana G. Bradford, II and Michael E. Demont of Gallagher, Baumer, Mikals, Bradford, Cannon & Walters, P.A., Jacksonville, and Wallace E. Harrell of Gilbert, Whittle, Harrell, Scarlett & Skelton, Brunswick, Ga., for appellants.

Nicholas V. Pulignano, Jr. of Marks, Gray, Conroy & Gibbs, P.A., Jacksonville, for appellee State of Florida, Dept. of Agriculture.

Gerald A. Schneider, Gen. Counsel, and David C. Carter, Asst. Counsel, for appellee City of Jacksonville.

BOOTH, Judge.

This cause is before us on appeal of a final order dismissing appellants' second amended complaint with prejudice for failure to state a cause of action. After careful consideration, we affirm.

On June 5, 1984, appellee State of Florida, Division of Forestry, noticed a wildfire burning west of Interstate 95 near Jacksonville. The City of Jacksonville and the Division of Forestry both sent personnel to suppress the fire. According to allegations...

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