Florida District Courts of Appeal, 1997

Farrey v. Town of Davie

Farrey v. Town of Davie
Florida District Courts of Appeal · Decided December 3, 1997 · Dell, Pariente, Warner
701 So. 2d 913; 1997 Fla. App. LEXIS 13378; 1997 WL 740709 (Southern Reporter, Second Series)

Farrey v. Town of Davie

Opinion of the Court

PER CURIAM.

We hold that the actions of the police officer in assisting with the capture of the stray bull constituted an operational function. We therefore reverse the trial court’s order granting summary judgment based on sovereign immunity. See City of Pinellas Park v. Brown, 604 So.2d 1222 (Fla. 1992); White v. City of Waldo, 659 So.2d 707 (Fla. 1st DCA 1995), rev. denied, 667 So.2d 774 (Fla. 1996). Questions of fact remain as to the negligence, if any, on the part of the police officer. We remand this cause for further proceedings.

REVERSED and REMANDED.

DELL, WARNER and PARIENTE, JJ., concur.

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