Hand v. City of North Miami

District Court of Appeal of Florida

Hand v. City of North Miami

211 So. 2d 36, 1968 Fla. App. LEXIS 5408

CourtDistrict Court of Appeal of Florida

DecidedJune 4, 1968

DocketNo. 67-1015

StatusPublished

Cited by3 cases

This text of 211 So. 2d 36 (Hand v. City of North Miami) 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

Hand v. City of North Miami, 211 So. 2d 36, 1968 Fla. App. LEXIS 5408 (Fla. Ct. App. 1968).

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Opinion

PER CURIAM.

The plaintiff in the trial court seeks reversal of an order dismissing the municipality as a party-defendant in a tort case. The only charge against the municipality arises under the doctrine of respondeat superior for alleged actions of one of its police officers, committed outside the territorial jurisdiction of the municipality, which resulted in the false arrest of the plaintiff.

We find that if the act was committed it was an ultra vires act of the municipal employee beyond the geographical boundaries of the municipality and, therefore, the municipality would not be liable under the doctrine of respondeat superior. See: Town of Palm Beach v. Vlahos, 153 Fla. 781, 15 So.2d 839, modified 154 Fla. 159, 15 So.2d 848; City of Coral Gables v. Giblin, Fla.App.1961, 127 So.2d 914; Collins v. State, Fla.App.1962, 143 So.2d 700.

Affirmed.

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PER CURIAM.

The plaintiff in the trial court seeks reversal of an order dismissing the municipality as a party-defendant in a tort case. The only charge against the municipality arises under the doctrine of respondeat superior for alleged actions of one of its police officers, committed outside the territorial jurisdiction of the municipality, which resulted in the false arrest of the plaintiff.

We find that if the act was committed it was an ultra vires act of the municipal employee beyond the geographical boundaries of the municipality and, therefore, the municipality would not be liable under the doctrine of respondeat superior. See: Town of Palm Beach v. Vlahos, 153 Fla. 781, 15 So.2d 839, modified 154 Fla. 159, 15 So.2d 848; City of Coral Gables v. Giblin, Fla.App.1961, 127 So.2d 914; Collins v. State, Fla.App.1962, 143 So.2d 700.

Affirmed.

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211 So. 2d 36, 1968 Fla. App. LEXIS 5408, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hand-v-city-of-north-miami-fladistctapp-1968.

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