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WEMETT v. CARSON

No. 89-38.

549 So.2d 1216 (1989)

Glen A. WEMETT, Appellant, v. Sheriff Dale CARSON, et al., Appellees.

District Court of Appeal of Florida, First District.

October 19, 1989.

Attorney(s) appearing for the Case

Glen A. Wemett, pro se.

James L. Harrison, General Counsel and Thomas E. Crowder, Asst. Counsel, Jacksonville, for appellees.

BARFIELD, Judge.

The order of the trial court dismissing appellant's complaint with prejudice as to Sheriff Dale Carson is affirmed because the complaint purports to recover from the sheriff in his official capacity. The order dismissing the complaint with prejudice against the remaining appellees is reversed. The third amended complaint clearly sets forth the intent to sue the officers in their personal capacity and alleges the requisites of conduct and intention...

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