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CARTER v. CITY OF STUART

No. 82-125.

433 So.2d 669 (1983)

Leila CARTER, Mother and Natural Guardian of Charles Durham, a Minor, Appellant, v. CITY OF STUART and Aetna Casualty & Surety Company, Appellees.

District Court of Appeal of Florida, Fourth District.

June 29, 1983.

Attorney(s) appearing for the Case

Robert H. Schott and Vicki J. Junod of Gamba, Junod & Schott, Palm City, for appellant.

Everett Van Gaasbeck of Jones, Foster & Moss, Vero Beach, for appellees.

LETTS, Chief Judge.

This case involves the question of whether a city has governmental immunity when it fails to enforce an ordinance. We hold that it does and affirm the summary judgment entered in its favor.

What we have here is a dog ordinance which provides in part:

(d) If any dangerous dog is found running at large or unrestrained in apparent violation of this ordinance or shall bite any person without provocation (whether running at large or...

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