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McGHEE v. VOLUSIA COUNTY

No. 94-140.

654 So.2d 157 (1995)

Morris H. McGHEE, II, Appellant, v. VOLUSIA COUNTY, a political subdivision of the State of Florida, et al., Appellees.

District Court of Appeal of Florida, Fifth District.

April 7, 1995.

Attorney(s) appearing for the Case

Elizabeth H. Faiella, of Elizabeth H. Faiella, P.A., Winter Park, for appellant.

Tura Schnebly Broughton, Asst. County Atty., DeLand, for appellees.

ON MOTION FOR REHEARING EN BANC

COBB, Judge.

We have reconsidered this case en banc pursuant to a motion by the appellee, Volusia County, and we hereby vacate the original panel decision and substitute this opinion therefor.

McGhee appeals from a final summary judgment rendered in favor of Volusia County in this action for personal injury against the County and its employee, Deputy Hernlen, who allegedly battered McGhee.

The incident...

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