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METROPOLITAN DADE COUNTY v. HEAVEN

Nos. 97-3142, 97-1543.

722 So.2d 207 (1998)

METROPOLITAN DADE COUNTY and Officer Ramiro Alonso, Appellants/Cross-Appellees, v. Donald HEAVEN, Appellee/Cross-Appellant.

District Court of Appeal of Florida, Third District.

Rehearing Denied August 5, 1998.

Attorney(s) appearing for the Case

Robert A. Ginsburg, County Attorney, and Eric K. Gressman, Assistant County Attorney, for appellants/cross-appellees.

H. Hugh McConnell; Siegfried, Rivera, Lerner, Del La Torre & Sobel, and Stuart H. Sobel, Coral Gables, for appellee/cross-appellant.

Before SCHWARTZ, C.J., and GERSTEN and FLETCHER, JJ.

PER CURIAM.

Because the record is devoid of any competent evidence that a Metropolitan Dade County policy or practice was responsible for the alleged constitutional violation, the verdict in favor of the plaintiff for $900,000 cannot stand. Accordingly, we reverse the $900,000 award and the assessment of attorney's fees against Metropolitan Dade County. We affirm the directed verdict in favor of Metropolitan Dade County on the false arrest claim.

Affirmed...

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