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CITY OF FORT MYERS v. HOSPITAL BD OF DIR., LEE COUNTY

No. 86-1667.

505 So.2d 590 (1987)

CITY OF FORT MYERS, Appellant, v. HOSPITAL BOARD OF DIRECTORS OF LEE COUNTY, d/b/a Lee Memorial Hospital, and Frank Wanicka, Sheriff of Lee County, Appellees.

District Court of Appeal of Florida, Second District.

April 10, 1987.

Attorney(s) appearing for the Case

Michael A. Sabol, Asst. City Atty., Fort Myers, for appellant.

Robert C. McCurdy, Fort Myers for appellee, Lee Memorial Hosp.

C. Michael Jackson, of Allen, Knudsen, Swartz, DeBoest, Rhoads & Edwards, P.A., Fort Myers, for appellee, Frank Wanicka.

SCHOONOVER, Judge.

The City of Fort Myers, Florida (city), appeals from a summary judgment entered in an action brought against the city and Frank Wanicka, Sheriff of Lee County, Florida (sheriff), by the Hospital Board of Directors of Lee County, d/b/a Lee Memorial Hospital (hospital). We find that the court erred in entering a judgment against the city and, accordingly, reverse that part of the judgment. We, however, affirm the judgment in all other respects.

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