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MIAMI-DADE COUNTY v. DEERWOOD

No. 3D07-946.

979 So.2d 1103 (2008)

MIAMI-DADE COUNTY, Appellant, v. DEERWOOD HOMEOWNERS' ASS'N, etc., et al., Appellees.

District Court of Appeal of Florida, Third District.

April 9, 2008.

Attorney(s) appearing for the Case

R.A. Cuevas, Jr., Miami-Dade County Attorney, and Monica Rizo and Craig E. Leen, Assistant County Attorneys., for appellant.

Cooney, Mattson, Lance, Blackburn, Richards & O'Connor and Warren B. Kwavnick and John H. Richards, Ft. Lauderdale; Josephs Jack and Susan S. Lerner, Miami, for appellees.

Before SUAREZ, CORTIÑAS, and SALTER, JJ.

SALTER, J.

Miami-Dade County appeals a final circuit court order dismissing with prejudice the County's second amended cross-claim against Deerwood Homeowners' Association ("Deerwood") and Techlawn, Inc. ("Techlawn"). The issue presented is whether a landowner, Deerwood, and its maintenance company, Techlawn, may be liable to the County for injuries allegedly caused by tree roots growing under the surface of a County sidewalk. Finding no legally sufficient basis for...

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