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MIAMI BEACH v. DICKERMAN OVERSEAS

Nos. 94-879, 94-549.

659 So.2d 1106 (1995)

CITY OF MIAMI BEACH, and Juan A. Garcia, Jr., et al., Appellants, v. DICKERMAN OVERSEAS CONTRACTING COMPANY, U.S.A., Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied September 27, 1995.

Attorney(s) appearing for the Case

Zack, Ponce, Tucker, Korge & Gillespie, and Keith E. Hope, Miami, for appellant, City of Miami Beach.

Spence, Payne, Masington, Needle & Leeds, and Podhurst, Orseck, Josefsberg, Eaton, Meadow, Olin & Perwin, and Joel D. Eaton, Miami, for appellant, Juan A. Garcia, Jr.

Fowler, White, Gillen, Boggs, Villareal & Banker, and Bonita L. Kneeland, Tampa, for appellee.

Before NESBITT, BASKIN, and GERSTEN, JJ.

NESBITT, Judge.

Juan A. Garcia, Jr. was injured in a diving accident at a site along the City of Miami Beach shoreline. Garcia brought a negligence action against the City and Dickerman Overseas Contracting Company, among others, alleging that they were negligent in failing to remove certain underwater debris at the site, and by failing to take the necessary precautions to prevent the accident. The lower court granted Dickerman's motion for summary judgment on the...

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