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WALLACE v. DEAN

No. SC08-149.

3 So.3d 1035 (2009)

Kelly WALLACE, Petitioner, v. Ed DEAN, Sheriff of Marion County, Respondent.

Supreme Court of Florida.

Rehearing Denied February 25, 2009.

Attorney(s) appearing for the Case

Sharon H. Proctor, Lake Saint Louis, MO, and Mark A. Avera of Avera and Smith, LLP, Gainesville, FL, for Petitioner.

Bruce R. Bogan of Hilyard, Bogan and Palmer, P.A., Orlando, FL, for Respondent.

LEWIS, J.

In this case, we review the decision of the Fifth District Court of Appeal reported as Wallace v. Dean, 970 So.2d 864 (Fla. 5th DCA 2007). Despite the plaintiff-petitioner's repeated reliance upon the undertaker's doctrine below, which is readily apparent from reading the Fifth District's decision,1 that court failed to recognize a long line of Florida precedent applying this common...

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