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TORY v. INDIAN RIVER COUNTY

No. 81-1930.

426 So.2d 1200 (1983)

Linda TORY, As Personal Representative of the Estate of Pinkie Elizabeth Tory, Deceased, Appellant, v. INDIAN RIVER COUNTY, Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

February 9, 1983.

Attorney(s) appearing for the Case

J. Blayne Jennings of Law Offices of J. Blayne Jennings, Gifford, for appellant.

John Ward Smith of Rumberger, Kirk, Caldwell & Cabaniss, Orlando, for appellee.

PER CURIAM.

We affirm on the authority of Department of Transportation v. Neilson, 419 So.2d 1071 (Fla. 1982) but, because we believe that appellant should have an additional opportunity to file an amended complaint, we remand with directions that the trial court permit appellant to amend his complaint within twenty (20) days, and, if he fails to amend, the final summary judgment should be reinstated.

ANSTEAD, HERSEY...

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