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AILES v. CONTINENTAL INS. CO.

Nos. LL-83, MM-45.

372 So.2d 1391 (1979)

Barbara J. AILES and Herbert R. Ailes, Her Husband, Appellants, v. CONTINENTAL INSURANCE COMPANY, a New York Corporation, County of Volusia, a Body Corporate and Politic of the State of Florida and Edwin H. Duff, II, As Sheriff of Volusia County, Appellees.

District Court of Appeal of Florida, First District.

July 26, 1979.

Attorney(s) appearing for the Case

Anthony I. Provitola, P.A., DeLand, for appellants.

Robert K. Rouse, Jr. of Smallbein, Eubank, Johnson, Rosier & Bussey, P.A., Daytona Beach, for appellees Continental and County of Volusia.

Julius F. Parker, Jr. of Madigan, Parker, Gatlin, Swedmark & Skelding, Tallahassee, for appellee Duff.

ROBERT P. SMITH, Jr., Judge.

It has not been made to appear, on this appeal from summary judgments for defendants Volusia County and Sheriff Duff, that either had a duty as a matter of law to use reasonable care in guarding and restraining violent prisoners transferred under the Baker Act to Halifax Hospital, which was independently operated, nor that there were disputed issues of material fact which might bear upon the existence of such alleged duties. The summary...

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