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PELZ v. CITY OF CLEARWATER

No. 89-00680.

568 So.2d 949 (1990)

Judy PELZ, As Personal Representative of the Estate of Ross F. Pelz, Deceased, Appellant, v. CITY OF CLEARWATER, Florida, a Municipal Corporation, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied October 29, 1990.

Attorney(s) appearing for the Case

S. Grant Halliday, Tampa, for appellant.

Alan S. Zimmet of Sargent, Repka, Covert, Steen & Zimmet, P.A., Clearwater, for appellee.

PARKER, Judge.

Upon studied consideration of the motions for rehearing and rehearing en banc filed by the appellee, the City of Clearwater (the City), we grant the motion for rehearing and issue this revised opinion which markedly alters our previous opinion in this matter, which we hereby withdraw.1

This appeal was taken by Judy Pelz, the spouse of deceased victim of a drowning at Sand Key beach in the City of Clearwater, Florida...

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