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McGHEE v. VOLUSIA COUNTY

No. 85695.

679 So.2d 729 (1996)

Morris H. McGHEE, II, Petitioner, v. VOLUSIA COUNTY, etc., et al., Respondents.

Supreme Court of Florida.

Rehearing Denied September 12, 1996.

Attorney(s) appearing for the Case

Elizabeth H. Faiella of Elizabeth H. Faiella, P.A., Winter Park; and Marcia K. Lippincott of Marcia K. Lippincott, P.A., Orlando, for Petitioner.

Tura Schnebly Broughton, Assistant County Attorney, DeLand, for Respondent.

Barbara Green, Coral Gables; and Roy Wasson, Miami, for Academy of Florida Trial Lawyers, amicus curiae.

William J. Roberts and William Paul Huey of Roberts & Egan, P.A., Tallahassee, for Florida Association of Counties, Inc., amicus curiae.

KOGAN, Chief Justice.

We have for review McGhee v. Volusia County, 654 So.2d 157 (Fla. 5th DCA 1995), which expressly and directly conflicts with the opinion in Swenson v. Cahoon, 111 Fla. 788, 152 So. 203 (1933). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const.

The plaintiff Morris McGhee was arrested by Volusia County Deputy George T. Hernlen in September...

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