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PORTER v. STATE, DEPT. OF AGRICULTURE

Nos. 95-4664, 96-1132.

689 So.2d 1152 (1997)

Debra L. PORTER, individually, and as guardian of Nansi M. Kelly, and John D. Porter as husband of Debra L. Porter; Tami L. Richter; Mary J. Starkie; Karen A. Brown as guardian of Jennifer Baisden; Kathryn M. Bishop; and Stephanie Jo Wheeler, Appellants, v. The STATE of Florida, DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, Appellee. Debra L. PORTER, individually, and as guardian of Nansi M. Kelly, and John D. Porter as husband of Debra L. Porter; Tami L. Richter; Mary J. Starkie; Karen A. Brown as guardian of Jennifer Baisden; Kathryn M. Bishop; and Stephanie Jo Wheeler, Appellants, v. The TOWN OF CROSS CITY, Appellee.

District Court of Appeal of Florida, First District.

March 5, 1997.

Attorney(s) appearing for the Case

David H. Burns and William D. Anderson of Cox & Burns, Tallahassee, for Appellants.

Lisa M. Appelo and Robert L. Hessman of Rumberger, Kirk & Caldwell, P.A., Tallahassee, for appellee State of Florida, Department of Agriculture and Consumer Services.

J. Bruce Bowman and John A. Grant of Dennis & Bowman, P.A., Tallahassee, for Appellee Town of Cross City, for Appellees.

PADOVANO, Judge.

In these consolidated appeals, the plaintiffs in a personal injury action seek review of final summary judgments in favor of two defendants, the Department of Agriculture and Consumer Services and the Town of Cross City. Based on the material facts, which are not in dispute, we conclude the law enforcement officers employed by these defendants did not have a foreseeable legal duty to the plaintiffs. Therefore, we affirm the final summary judgments...

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