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DUDLEY v. CITY OF TAMPA

No. 2D03-5843.

912 So.2d 322 (2005)

Yvonne DUDLEY, Twanda M. Cole, Kimberly Duncan, Sonya A. Hayes-Joseph, Dudley Hearn, Jr., Debra Hearn, Henry C. Henley, Betty Ann Hull, Tony Jackson, Gail Jackson, Rhonda Johnson, Brenda Livingston, Windell Nelson, Sr., Iris Nelson, Samuel Opong Yao, Debra Williams Opong Yao, Leonard Snead, Edith Snead, Marsha Thomas, Jennifer Tillis, Quankela Tillman, Willie Tolbert, Willie Wilson, Donna Wilson, and Shirley Anderson, Appellants, v. CITY OF TAMPA and Tampa Hillsborough Action Plan, Inc., Appellees.

District Court of Appeal of Florida, Second District.

Rehearing Denied July 12, 2005.

Attorney(s) appearing for the Case

G. Luis Dominguez and Richard Guerra of Fowler Rodriguez & Chalos, Coral Gables, and Samuel R. Mandelbaum of Mandelbaum & Fitzsimmons, Tampa, for Appellants.

David L. Smith, City Attorney, and Jerry M. Gewirtz, Chief Assistant City Attorney, Tampa, for Appellee City of Tampa.

Warren Hope Dawson of Dawson & Associates, Tampa, for Appellee Tampa Hillsborough Action Plan, Inc.

CASANUEVA, Judge.

Appellants, residents of the Martin Luther King Village Subdivision in the City of Tampa, sued the City of Tampa and the Tampa Hillsborough Action Plan, Inc. [THAP] for negligence claiming that they and their homes have suffered substantial damage due to defective soil conditions of which the City and THAP were aware but failed to disclose.1 The residents appeal a partial final judgment that dismissed count X against...

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