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SHERIFF OF ORANGE COUNTY v. BOULTBEE

No. 92-2512.

629 So.2d 217 (1993)

SHERIFF OF ORANGE COUNTY, Florida, Appellant/Cross-Appellee, v. Sherry BOULTBEE, etc., Appellee/Cross-Appellant.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied January 4, 1994.

Attorney(s) appearing for the Case

Robert E. Bonner, of Eubanks, Hilyard, Rumbley, Meier & Lengauer, P.A., Orlando, for appellant/cross-appellee.

R. David Ayers, Jr., Winter Park, for appellee/cross-appellant.

PER CURIAM.

The decision of the lower court to set aside the judgment is affirmed; however, the proper remedy under these circumstances is not to reinstate the verdict and judgment for the plaintiff below, but to set aside the results of the tainted trial proceedings and to order a new trial.

AFFIRMED in part; REVERSED in part, with instructions.

DAUKSCH, COBB and GRIFFIN...

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