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CITY OF ORLANDO v. BIRMINGHAM

No. 72402.

539 So.2d 1133 (1989)

CITY OF ORLANDO, Petitioner, v. Alan L. BIRMINGHAM, Respondent.

Supreme Court of Florida.

March 16, 1989.

Attorney(s) appearing for the Case

Steven F. Lengauer of Eubanks, Hilyard, Rumbley, Meier and Lengauer, P.A., Orlando, for petitioner.

James K. Freeland and Deborah C. Edens of the Law Office of James K. Freeland, P.A., Orlando, for respondent.

The opinion dated January 19, 1989 is withdrawn and this opinion is substituted in lieu thereof.

KOGAN, Justice.

We have for review Birmingham v. City of Orlando, 523 So.2d 647 (Fla. 5th DCA 1988), based on express and direct conflict with Smith v. State, 521 So.2d 106 (Fla. 1988); and Wagner v. Nottingham Associates, 464 So.2d 166

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