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DARIO v. ROTH

No. 3D99-2532.

756 So.2d 262 (2000)

Donald DARIO and Judy Dario, his wife, Appellants, v. Richard D. ROTH, Sheriff of Monroe County, Florida, Appellee.

District Court of Appeal of Florida, Third District.

May 3, 2000.

Attorney(s) appearing for the Case

Howard P. Alterman, Delray Beach, for appellants.

Purdy, Jolly & Gluffreda, P.A., and Alexis M. Yarbrough, Fort Lauderdale, for appellee.

Before COPE, GREEN and SHEVIN, JJ.

COPE, J.

Donald and Judy Dario appeal an adverse summary judgment in their negligence action against the sheriff of Monroe County. We affirm.

The judgment entered by Circuit Judge Sandra Taylor sets forth the appropriate analysis as follows:

On the night of April 29, 1993, the Plaintiff Motorists [Donald and Judy Dario] were driving west across the Overseas Highway's Bahia Honda Bridge. At approximately 10:20 p.m., a key deer that had been walking...

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