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

CourtDistrict Court of Appeal of Florida

DecidedDecember 3, 1997

DocketNo. 97-0217

StatusPublished

This text of 701 So. 2d 913 (Farrey v. Town of Davie) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

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

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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.

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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.

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701 So. 2d 913, 1997 Fla. App. LEXIS 13378, 1997 WL 740709, Counsel Stack Legal Research, https://law.counselstack.com/opinion/farrey-v-town-of-davie-fladistctapp-1997.

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