Hand v. City of North Miami

Florida District Courts of Appeal
Hand v. City of North Miami, 211 So. 2d 36 (1968)
1968 Fla. App. LEXIS 5408
Barkdull, Carroll, Swann

Hand v. City of North Miami

Opinion of the Court

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.

Reference

Full Case Name
Bernard C. HAND v. CITY OF NORTH MIAMI
Cited By
3 cases
Status
Published