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CITY OF NORTH BAY VILLAGE v. BRAELOW

No. 84-201.

469 So.2d 869 (1985)

CITY OF NORTH BAY VILLAGE and Officer J. Ort, Appellants, v. Bart David BRAELOW, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied June 17, 1985.

Attorney(s) appearing for the Case

Lee Weissenborn, Miami, for appellants.

Friedman & Miller and Robert B. Miller, North Miami Beach, for appellee.

Before HENDRY, NESBITT and FERGUSON, JJ.

HENDRY, Judge.

The appellants, the City of North Bay Village and Officer J. Ort, contest the adverse final judgment and order denying their motion for new trial and/or for entry of a remittitur. We affirm.

The plaintiff, Bart David Braelow, was unnecessarily injured by Officer Ort while the officer was acting within the course and scope of his employment. Braelow brought an action against Officer Ort individually for the alleged battery and against the city...

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