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REESE v. SOUTH FLORIDA WATER MANAGEMENT DIST.

No. 95-3127.

677 So.2d 1370 (1996)

Beverly S. REESE, as Personal Representative of the Estate of James C. Reese, on behalf of the Estate of James C. Reese and on behalf of Beverly S. Reese, surviving wife of James C. Reese, Jamie L. Reese, surviving minor daughter of James C. Reese and Leandra J. Reese, surviving minor daughter of James C. Reese, Appellants, v. SOUTH FLORIDA WATER MANAGEMENT DISTRICT, an agency and/or subdivision of the State of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

August 14, 1996.

Attorney(s) appearing for the Case

Michael Viscomi, West Palm Beach, and Donald N. Watson of Gary, Williams, Parenti, Finney, Lewis & McManus, Stuart, for appellants.

Paul L. Nettleton of Popham, Haik, Schnobrich & Kaufman, Ltd., Miami, for appellee.

PER CURIAM.

We affirm the summary final judgment in favor of appellee South Florida Water Management District, defendant below. The District does not own, possess or control the area in which the drowning accident occurred. The S-352 flood control structure was designed and constructed by the United States Army Corps of Engineers, which has legal ownership and control of the site and which is responsible for all maintenance...

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