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JOHNSON v. STATE HRS

No. 96-00666.

695 So.2d 927 (1997)

Julie JOHNSON, individually, and Robin Johnson, Nicole Johnson, and Zachary Cleek, minors, by and through Julie Johnson, their next friend, mother, and natural guardian, Appellants, v. STATE of Florida's DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, Nancy Sackett, The City Of St. Petersburg, and L.A. Clemento, Appellees.

District Court of Appeal of Florida, Second District.

June 27, 1997.

Attorney(s) appearing for the Case

David J. Plante and Robert W. Merkle of Merkle & Magri, P.A., Tampa, for Appellants.

John E. Johnson and John F. Panzarella of Trenam, Kemker, Scharf, Barkin, Frye, O'Neill & Mullis, Professional Association, Tampa, for Appellee Department of Health and Rehabilitative Services.

Bruce A. Walkley of Walkley & Walkley, Tampa, for Appellee Nancy Sackett.

Michael S. Davis, City Attorney, and William N. Drake, Jr., Assistant City Attorney, St. Petersburg, for Appellee The City of St. Petersburg.

Joseph M. Ciarciaglino and Mark Cornelius of Ciarciaglino & Coyle, P.A., St. Petersburg, for Appellee L.A. Clemento.

PATTERSON, Judge.

Julie Johnson, individually, and as next friend of her children, Robin Johnson, Nicole Johnson, and Zachary Cleek, appeals from a final order dismissing her second amended complaint1 in this action under 42 U.S.C. § 1983 and the Florida Tort Claims Act, section 768.28, Florida Statutes (Supp.1988), against appellees the Department of Health and Rehabilitative Services (HRS), the City of St. Petersburg (the City)...

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