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STATE, DEPT. OF TRANSP. v. KONNEY

No. 88-0727.

551 So.2d 613 (1989)

STATE of Florida, DEPARTMENT OF TRANSPORTATION, and Palm Beach County, Etc., Appellants, v. Loretta KONNEY, Personal Representative of the Estate of Douglas M. Konney, Deceased, R. Edward Campbell, Administrator Ad Litem for the Estate of Douglas M. Konney, Deceased, Douglas D. Funk, Personal Representative of the Estate of George Robert Funk, Deceased, Appellees.

District Court of Appeal of Florida, Fourth District.

November 15, 1989.

Attorney(s) appearing for the Case

Michael B. Davis of Davis, Hoy & Diamond, P.A., West Palm Beach, for appellant, State of Fla., Department of Transp.

Christopher D. Mauriello, Asst. County Atty., West Palm Beach, for appellant, Palm Beach County.

Richard Martens and Fletcher N. Baldwin, III of Boose, Casey, Ciklin, Lubitz, Martens, McBane & O'Connell, West Palm Beach, for appellee, Loretta Konney.

ON REHEARING

GARRETT, Judge.

We grant the motion for rehearing filed by appellant State of Florida, Department of Transportation, and substitute the following opinion:

AFFIRMED. We address one of the issues raised by appellants, Department of Transportation and Palm Beach County. It is their contention that the decision to install a traffic control device is protected from suit by the doctrine of sovereign immunity. They argue error occurred when...

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