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SIMPSON v. CITY OF MIAMI

No. 96-1835.

700 So.2d 87 (1997)

Betty SIMPSON, Personal Representative of the Estate of Morena Simpson, Deceased, Appellant, v. CITY OF MIAMI, Appellee.

District Court of Appeal of Florida, Third District.

October 1, 1997.

Attorney(s) appearing for the Case

David J. Glantz, Miami, for appellant.

A. Quinn Jones, III, City Attorney, and Theresa L. Girten and Kathryn S. Pecko, Assistant City Attorneys, for appellee.

Before LEVY, GREEN and SHEVIN, JJ.

ON MOTION FOR REHEARING GRANTED

PER CURIAM.

We grant the motion for rehearing, vacate the July 2, 1997, opinion and substitute the following opinion.

Betty Simpson appeals an order dismissing her complaint against the City of Miami on sovereign immunity grounds. We reverse.

The trial court erred in dismissing the complaint with prejudice. We reverse and remand with instructions to allow Simpson...

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