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AVERY v. OWEN

No. 80-2318.

404 So.2d 754 (1981)

Jo Ann AVERY, As Personal Representative of the Estate of James Avery, Deceased, and for the Use and Benefit of Cynthia Ann Avery and Charles Mark Avery, Minors, Surviving Children of James Avery, Deceased, and Jo Ann Avery, Individually, Appellants, v. Donald OWEN and City of Sweetwater, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied October 21, 1981.

Attorney(s) appearing for the Case

Daniels & Hicks and Sam Daniels, Headley & Headley, Miami, for appellants.

Kimbrell, Hamann, Jennings, Womack, Carlson & Kniskern and R. Owen Ricker, Jr. and Susan J. Cole, Miami, for appellees.

Robert A. Ginsburg, County Atty. and Ralph C. Rocheteau, Asst. County Atty., for Metropolitan Dade County as amicus curiae.

Before BARKDULL and FERGUSON, JJ., and MELVIN, WOODROW M. (Ret.), Associate Judge.

FERGUSON, Judge.

Though we agree that defendantsappellees acted as special agents of Metropolitan Dade County in this case, we find that an ambiguity exists as to whether the parties to the release intended the word "agents" to include appellees. The City of Sweetwater is a political subdivision distinct from Metropolitan Dade County. Appellees became temporarily vested as officers of Dade County when they responded to an emergency call for help from the County. Florida...

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