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CARTER v. CITY OF STUART

No. 64001.

468 So.2d 955 (1985)

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

Supreme Court of Florida.

April 4, 1985.

Attorney(s) appearing for the Case

Vicki J. Junod of Gamba, Junod & Schott, Palm City, for petitioner.

Everett J. Van Gaasbeck of Moss, Henderson & Lloyd, Vero Beach, and Marjorie Gadarian Graham of Jones & Foster, West Palm Beach, for respondents.

James R. Wolf, Gen. Counsel, and Harry Morrison, Jr., Asst. Gen. Counsel, Tallahassee, amicus curiae for the Florida League of Cities, Inc.

McDONALD, Justice.

Responding to a certified question from the Fourth District Court of Appeal,1 we answer the question: "Can a city be held liable for the failure to enforce its animal control ordinance?"2 Within the factual context of the case before us we hold that it cannot.

Leila Carter sued the City of Stuart to recover damages suffered when a dog which had escaped its confinement on private property...

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