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STATE, DEPT. OF HIGHWAY PATROL v. POLLACK

No. 98-2965.

745 So.2d 446 (1999)

STATE of Florida, DEPARTMENT OF HIGHWAY PATROL, an agency of the State of Florida, Appellant, v. Steven POLLACK, as Personal Representative of the Estate of Elissa Pollack, deceased and Michael Leeds and Barbara Leeds, as Personal Representatives of the Estate of Suzanne Leeds, deceased, Appellees.

District Court of Appeal of Florida, Third District.

November 10, 1999.

Attorney(s) appearing for the Case

Papy, Weissenborn, Poole & Vraspir and Sheridan K. Weissenborn, for appellant.

Jay M. Levy, Miami; Dan Cytryn, Tamarac, for appellee.

Before JORGENSON, GREEN, and SHEVIN, JJ.

PER CURIAM.

The State of Florida, Department of Highway Patrol (collectively "FHP") appeals an adverse final judgment entered pursuant to a jury verdict in this wrongful death action. We agree with FHP that the trial court erred in failing to direct a verdict in its favor where there was nothing to indicate that FHP's actions or inactions were operational in nature and where FHP otherwise owed no special duty to the decedents, as a matter of law, so as to impose governmental...

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