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SATE, AGCY. OF STEPHEN BOYLES v. SIMER

No. HH-460.

363 So.2d 357 (1978)

STATE of Florida, Thru the AGENCY OF STEPHEN BOYLES, State Attorney for the Seventh Judicial Circuit, in and for Volusia County, Florida, Appellant, v. Gary SIMER, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied November 8, 1978.

Attorney(s) appearing for the Case

Robert L. Shevin, Atty. Gen., Raymond L. Marky, Asst. Atty. Gen., and Michael H. Lambert, Asst. State's Atty., for appellant.

Paul A. Bernardini of Dunn, Bernardini, Smith & Burnett, Daytona Beach, for appellee.

MELVIN, Judge.

This appeal is from a judgment entered in favor of appellee Simer (plaintiff below) in a case involving personal injuries to him. The essential allegations of Simer's second amended complaint were that Eaton, a special investigator and an agent of the State Attorney of the Seventh Judicial Circuit, an agency of the State of Florida, had, through his negligence in arresting and detaining one Maloney, caused injury to Simer. Specifically, the complaint...

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