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MALONE v. CITY OF SATELLITE BEACH

No. 97-2658.

717 So.2d 1067 (1998)

John J. MALONE, Appellant, v. CITY OF SATELLITE BEACH, Florida, et al., Appellees.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied September 28, 1998.

Attorney(s) appearing for the Case

John A. Racin, Melbourne and Sharon Lee Stedman of Sharon Lee Stedman, P.A., Orlando, for Appellant.

Steven F. Lengauer and Ernest J. Myers of Meier, Lengauer, Bonner, Muszynski & Doyle, P.A., Orlando, for Appellees.

PER CURIAM.

AFFIRMED. See McNayr v. Kelly, 184 So.2d 428 (Fla.1966).

COBB, J., and ORFINGER, M., Senior Judge, concur.

W. SHARP, J., dissents with opinion.

W. SHARP, Judge, dissenting.

I respectfully dissent. I do not think that McNayr v. Kelly, 184 So.2d 428 (Fla.1966) is dispositive of this appeal in any way. This case presents the question of whether...

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