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HODGES v. MARION COUNTY

No. 5D00-1476.

774 So.2d 950 (2001)

James HODGES, Sr. and Clarice Hodges, his wife, Appellants, v. MARION COUNTY, Florida a Political Subdivision of the State of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

January 12, 2001.

Attorney(s) appearing for the Case

Gregory E. Tucci, Ocala, for Appellants.

Gordon B. Johnston, County Attorney, Ocala, and Thomas D. MacNamara, Assistant County Attorney, Ocala, for Appellee.

PALMER, J.

Clarice and James Hodges appeal the final judgment entered by the trial court denying their claim, and granting Marion County's counterclaim, for declaratory relief. We reverse.

This case was previously before this court for review of an order entering summary judgment in favor of Marion County. Hodges v. Marion County, 730 So.2d 786 (Fla. 5th DCA 1999) (Hodges I). The underlying facts leading up...

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