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CITY OF MELBOURNE v. DUNN

No. 5D02-652.

841 So.2d 504 (2003)

CITY OF MELBOURNE, Florida, Appellant, v. Linda L. DUNN & Jerry Wayne Dunn, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied April 9, 2003.

Attorney(s) appearing for the Case

Douglas T. Noah and Lamar D. Oxford of Dean, Ringers, Morgan & Lawton, P.A., Orlando, for Appellant.

Sidney L. Syna, Melbourne, for Appellee.

COBB, W., Senior Judge.

The City of Melbourne appeals a final judgment in favor of Linda Dunn, who was awarded damages for injuries she sustained as a result of a fall in a city park. The city contends that the court erred in denying its motion for directed verdict. We reverse.

Dunn, along with her husband and her grandchild, exited the park and encountered a raised planter. The planter was composed of a perimeter of timber planks forming a rectangle of 21...

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