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CARPENTER v. STATE

No. 4-86-1972.

528 So.2d 1199 (1988)

Susan Anderson CARPENTER, Appellant, v. STATE of Florida, DEPARTMENT OF TRANSPORTATION, et al., Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing and Rehearing Denied July 14, 1988.

Attorney(s) appearing for the Case

Robert B. Miller of the Law Offices of Friedman & Miller, North Miami Beach, for appellant.

Jay Cohen and David W. Black of Atkinson, Jenne, Diner, Stone, Butterworth & Cohen, P.A., Hollywood, for appellee-Dept. of Transp.

Rehearing and Rehearing En Banc Denied July 14, 1988.

PER CURIAM.

AFFIRMED.

HERSEY, C.J., and LETTS, J., concur.

GUNTHER, J., dissents with opinion.

GUNTHER, Judge, dissenting.

I respectfully dissent.

In my view, the trial court erred in dismissing the second amended complaint with prejudice and in entering judgment in favor of the defendant, State of Florida, Department of Transportation (DOT). Contrary to the majority...

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