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STATE EX REL. OFFICE OF STATE ATTORNEY v. KOWALSKI

No. 92-1470.

617 So.2d 1099 (1993)

STATE of Florida, by and through the OFFICE OF THE STATE ATTORNEY for the Seventh Judicial Circuit, Appellant, v. Ronald Edmund KOWALSKI, Sr., Blumie Rose Derfel-Kowalski, his wife and Kristen Blumie Kowalski, their daughter, Appellees.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied May 19, 1993.

Attorney(s) appearing for the Case

Laurence H. Bartlett of Black, Crotty, Sims, Hubka, Burnett, Bartlett and Samuels, Daytona Beach, for appellant.

B.R. Derfel of Kowalski & Derfel, Daytona Beach, for appellees.

COBB, Judge.

The defendant appeals from a final judgment awarding the plaintiffs damages for alleged negligent investigation by a staff investigator of the State Attorney's Office1 which resulted in the institution of criminal charges against the plaintiff Ronald Kowalski on which he was subsequently exonerated. We reverse for two reasons. First, the defendant State Attorney's Office owed no...

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