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CUNNINGHAM v. CITY OF DANIA

Nos. 4D99-3378, 4D99-3379.

771 So.2d 12 (2000)

John CUNNINGHAM, as Personal Representative of the Estate of Eric Cunningham Jackson, Deceased, Appellant, v. CITY OF DANIA and Broward County Sheriff's Office, Appellees.

District Court of Appeal of Florida, Fourth District.

September 27, 2000.

Attorney(s) appearing for the Case

Mark T. Packo of the Law Offices of Stuart H. Share, P.A., Miami, for appellant.

E. Bruce Johnson and Christine M. Duignan of Johnson, Anselmo, Murdoch, Burke & George, P.A., Fort Lauderdale, for appellee City of Dania.

Bruce W. Jolly of Purdy, Jolly & Giuffreda, P.A., Fort Lauderdale, for appellee Broward County Sheriff's Office.

STEVENSON, J.

This is an appeal from a final order dismissing appellant's wrongful death complaint against the City of Dania and Broward County Sheriff Kenneth Jenne, II, after appellant's son, Eric Cunningham Jackson, was killed in a drive-by shooting at a public park in Dania. The trial court dismissed the complaint for failure to state a cause of action on sovereign immunity grounds. We affirm as to the Sheriff, but reverse...

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