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SHAUF v. CITY OF DAYTONA BEACH SHORES

No. 87-1772.

528 So.2d 40 (1988)

Marilyn M. SHAUF, Etc., Appellant, v. CITY OF DAYTONA BEACH SHORES, Etc., et al., Appellees.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied July 11, 1988.

Attorney(s) appearing for the Case

Philip J. Chanfrau of Chanfrau & Chanfrau, Daytona Beach, for appellant.

Lamar D. Oxford of Dean, Ringers, Morgan & Lawton, Orlando, for appellees.

PER CURIAM.

AFFIRMED.

DAUKSCH, J., concurs.

COBB, J., concurs specially with opinion.

COWART, J., dissents with opinion.

COBB, Judge, concurring specially.

I concur with an affirmance of the trial court's summary judgment for the City of Daytona Beach Shores. The trial court's judgment found, inter alia:

1. This lawsuit stems from an unfortunate accident which occurred during the night time on the Atlantic Ocean...

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