Hand v. City of North Miami
Cases that cite this one
1 later published case cites this decision.
- Sturman v. City of Golden Beach (Fla. Dist. Ct. App. 1978)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.