Wemett v. Carson
Wemett v. Carson
549 So. 2d 1216; 14 Fla. L. Weekly 2457; 1989 Fla. App. LEXIS 5896; 1989 WL 124584
(Southern Reporter, Second Series)
Wemett v. Carson
Opinion of the Court
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).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.