Florida District Courts of Appeal, 1994

Schwartz v. Miami Heat Ltd. Partnership

Schwartz v. Miami Heat Ltd. Partnership
Florida District Courts of Appeal · Decided July 5, 1994 · Baskin, Cope, Hubbart
638 So. 2d 625; 1994 Fla. App. LEXIS 6669; 1994 WL 316282 (Southern Reporter, Second Series)

Schwartz v. Miami Heat Ltd. Partnership

Opinion of the Court

PER CURIAM.

Affirmed. Dean v. Rouillier, 597 So.2d 961 (Fla. 5th DCA), review denied, 606 So.2d 1165 (Fla. 1992); see Chateloin v. Flanigan’s Enter., Inc., 423 So.2d 1002 (Fla. 3d DCA 1982).

HUBBART and BASKIN, JJ., concur.

Concurring Opinion

COPE, Judge,

specially concurring.

I concur in affirming on authority of Dean v. Rouillier, 597 So.2d 961 (Fla. 5th DCA), review denied, 606 So.2d 1165 (Fla. 1992), only. It would be a different case if plaintiffs alleged that the appellees made the decision to route traffic into a high crime area (when a safer alternative was available) and hired the off-duty officer to do so. As pled, the amended complaint only alleges police negligence in the routing of traffic, which, under Dean, is not attributable to appellees.

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