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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FOURTH DISTRICT JULY TERM 1979
RAEANN WALLACE and ) ~
JAMES R. WALLACE, II, ) '
Appellants, ) NOT FINAL UNTIL TIME EXPIRES
TO FILE REHEARING PETITION
v• - ) AND, IF FILED, DISPOSED OF.
NATIONWIDE MUTUAL FIRE )
INSURANCE CO., a foreign ) CASE NO. 77-228?.
corporation, CAROL M. MIKITA, ) .
AETNA CASUALTY & SURETY )
COMPANY, a foreign corporation,)
the CITY OF PORT ST. LUCIE, a )
municipal corporation, )
Appellees. )
Opinion filed October 24, 1979.
Appeal from the Circuit Court _
for St. Lucie County; Royce R.
Lewis, Judge.
Larry Klein, West Palm Beach,
and Patrick Massa of Cone, Owen,
~4agner, Nugent, Johnson &
McKeown, P.A., West Palm Beach,
for appellants.
Marjorie D. Gadarian of Jones,
Paine & Foster, P.A., West Palm
Beach, for Appellees - City of
Port Saint Lucie and Aetna
Casualty & Surety Company, and
Michael Jeffries of Neill Griffin
Jeffries & Lloyd, r^ort Pierce
for Appellees - Nationwide Mutual
Fire Insurance Company and Carol
M. Alikita .
LETTS, J.
This appeal springs from a summary judgment which.
recited that the failure of a city to immediately restore a
fallen stop sign did not constitute actionable negligence
against it. We reverse.
Whatever disposition we might have otherwise made,
we are now controlled by the recent consolidated decision by
the Supreme Court in Commercial Carrier Corporation v. Indian
River~County and Cheney v. Dade County, 371 So.2d 1010 (Fla.
1979). Therein our Supreme Court extinguished the "*~odlin ,
anox32U P~~1482