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SCHNEIDER v. CITY OF JACKSONVILLE

No. 1D05-2104.

933 So.2d 601 (2006)

Michael N. SCHNEIDER, as Personal Representative of the Estate of James Darrell Mabe, Appellant, v. CITY OF JACKSONVILLE, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied July 20, 2006.

Attorney(s) appearing for the Case

Barbara A. Heyer of Heyer & Associates, P.A., Fort Lauderdale, for Appellant.

Richard A. Mullaney, General Counsel, Scott D. Makar, Chief, Appellate Division, and Jon R. Phillips, Assistant General Counsel, Office of General Counsel, Jacksonville, for Appellee.

PER CURIAM.

Appellant seeks review of a summary final judgment entered against him, as personal representative of the estate of James Darrell Mabe, in his action seeking damages resulting from the death of Mabe which was caused by allegedly tortious conduct by Detective Larry Branch of the Jacksonville Sheriff's Office. Having carefully reviewed the record, we conclude that appellee failed to carry its burden of demonstrating conclusively either the absence of any...

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