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529 So. 2d 302

529 So.2d 302

13 Fla.L.Weekly 1527

Cousino v. State

District Court of Appeal of Florida · decided 1988-06-28

Relies on 529 So. 2d 258 - Dept. of Health & Rehab. Servs. v. Yamuni

Decided 1988-06-28

PER CURIAM.

¶1The final summary judgment under review is reversed, and the cause is remanded to the trial court for further proceedings upon a holding that the instant negligence action against the Department of Health and Rehabilitative Services (1) is not barred by the doctrine of sovereign immunity, and *303(2) is not barred by Section 415.511, Florida Statutes (1983) (formerly Section 827.07(7), Florida Statutes (1979)). We reach this result based on the controlling and indistinguishable authority of State of Florida, Department of Health & Rehabilitative Services v. Yamuni, 529 So.2d 258 (Fla.1988).

¶2Reversed and remanded.

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