Farrey v. Town of Davie

District Court of Appeal of Florida

Farrey v. Town of Davie

701 So. 2d 913, 1997 Fla. App. LEXIS 13378, 1997 WL 740709

District Court of Appeal of Florida·Decided December 3, 1997·No. No. 97-0217·Published

Opinion

PER CURIAM.

We hold that the actions of the police officer in assisting with the capture of the stray bull constituted an operational function. We therefore reverse the trial court’s order granting summary judgment based on sovereign immunity. See City of Pinellas Park v. Brown, 604 So.2d 1222 (Fla.1992); White v. City of Waldo, 659 So.2d 707 (Fla. 1st DCA 1995), rev. denied, 667 So.2d 774 (Fla.1996). Questions of fact remain as to the negligence, if any, on the part of the police officer. We remand this cause for further proceedings.

REVERSED and REMANDED.

DELL, WARNER and PARIENTE, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

We hold that the actions of the police officer in assisting with the capture of the stray bull constituted an operational function. We therefore reverse the trial court’s order granting summary judgment based on sovereign immunity. See City of Pinellas Park v. Brown, 604 So.2d 1222 (Fla.1992); White v. City of Waldo, 659 So.2d 707 (Fla. 1st DCA 1995), rev. denied, 667 So.2d 774 (Fla.1996). Questions of fact remain as to the negligence, if any, on the part of the police officer. We remand this cause for further proceedings.

REVERSED and REMANDED.

DELL, WARNER and PARIENTE, JJ., concur.

Farrey v. Town of Davie, 701 So. 2d 913, 1997 Fla. App. LEXIS 13378, 1997 WL 740709 (Fla. Ct. App. 1997).

Pincite

701 So. 2d 913 (Farrey v. Town of Davie) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related