LEMAY v. KONDRK

No. 5D02-1468.

860 So.2d 1022 (2003)

Sandra LEMAY, etc., Appellant, v. Michael KONDRK and Taylor Douglas, etc., Appellee.

District Court of Appeal of Florida, Fifth District.

December 5, 2003.


Attorney(s) appearing for the Case

Michael W. Woodward of Keyser & Woodward, P. A., Interlachen, for Appellant.

William R. Waters, Jr. and Gayle Smith Swedmark, and John W. Jolly, Jr., of Jolly, Peterson & Waters, P. A., Tallahassee, for Appellee.


ON MOTION FOR REHEARING

GRIFFIN, J.

We grant appellee's motion for rehearing, withdraw our prior opinion and issue the following opinion in its place:

Sandra Lemay ["Lemay"], as Personal Representative of the Estate of Roy Ault, appeals the dismissal of her wrongful death claim against Michael Kondrk ["Kondrk"], a Putnam County Deputy Sheriff. We reverse.

In deciding whether the complaint states a cause of action, the trial court must...

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