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NANZ v. SOUTHWEST FLORIDA WATER MGT. DIST.

No. 92-01255.

617 So.2d 735 (1993)

Duane and Linda NANZ, Neal and Jody Bedford, Warren and Alice Wilson, and Russell and Gale Murphree, Appellants, v. SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT, an Agency of the State of Florida, and Hillsborough County, a County in the State of Florida, Appellees.

District Court of Appeal of Florida, Second District.

Rehearing Denied May 11, 1993.

Attorney(s) appearing for the Case

Ted A. Barrett and Alicen M. Barrett of Barrett and Barrett, Dunedin, for appellants.

J. Thomas McGrady of Mattson, McGrady & Todd, P.A., St. Petersburg; Rick Tschantz, Brooksville, for appellee, Southwest Florida Water Management Dist.

Robert R. Warchola, Asst. County Atty., Tampa, for appellee, Hillsborough County.

BLUE, Judge.

The appellants correctly contend the court erred in dismissing their complaint with prejudice. The complaint alleged Southwest Florida Management District (SWFMD) and Hillsborough County were negligent in their operation, control and maintenance of a drainage system, and this negligence proximately caused appellant's properties to be flooded. The court found SWFMD to be immune from liability pursuant to section 373.443, Florida Statutes (1989), and found...

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