Wemett v. Carson

District Court of Appeal of Florida

Wemett v. Carson

549 So. 2d 1216, 14 Fla. L. Weekly 2457, 1989 Fla. App. LEXIS 5896, 1989 WL 124584

CourtDistrict Court of Appeal of Florida

DecidedOctober 19, 1989

DocketNo. 89-38

StatusPublished

This text of 549 So. 2d 1216 (Wemett v. Carson) 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

Wemett v. Carson, 549 So. 2d 1216, 14 Fla. L. Weekly 2457, 1989 Fla. App. LEXIS 5896, 1989 WL 124584 (Fla. Ct. App. 1989).

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Opinion

BARFIELD, Judge.

The order of the trial court dismissing appellant’s complaint with prejudice as to Sheriff Dale Carson is affirmed because the complaint purports to recover from the sheriff in his official capacity. The order dismissing the complaint with prejudice against the remaining appellees is reversed. The third amended complaint clearly sets forth the intent to sue the officers in their personal capacity and alleges the requisites of conduct and intention to remove them from the immunity covered by section 768.29(9)(a), Florida Statutes (1983).

[1217]*1217AFFIRMED in part, REVERSED in part, and REMANDED.

BOOTH and JOANOS, JJ., concur.

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BARFIELD, Judge.

The order of the trial court dismissing appellant’s complaint with prejudice as to Sheriff Dale Carson is affirmed because the complaint purports to recover from the sheriff in his official capacity. The order dismissing the complaint with prejudice against the remaining appellees is reversed. The third amended complaint clearly sets forth the intent to sue the officers in their personal capacity and alleges the requisites of conduct and intention to remove them from the immunity covered by section 768.29(9)(a), Florida Statutes (1983).

[1217]*1217AFFIRMED in part, REVERSED in part, and REMANDED.

BOOTH and JOANOS, JJ., concur.

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Bluebook (online)

549 So. 2d 1216, 14 Fla. L. Weekly 2457, 1989 Fla. App. LEXIS 5896, 1989 WL 124584, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wemett-v-carson-fladistctapp-1989.