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ESTATE OF BROWN EX REL. BROWN v. WOODHAM

No. 1D02-2281.

840 So.2d 1105 (2003)

ESTATE OF Robert BROWN, Through Shannon BROWN, Personal Representative, Appellant, v. W.A. WOODHAM, in his official capacity as Gadsden County Sheriff, Appellee.

District Court of Appeal of Florida, First District.

March 18, 2003.

Attorney(s) appearing for the Case

W. Dexter Douglass and Thomas P. Crapps of Douglass Law Firm, P.A., Tallahassee, for Appellant.

John W. Jolly of Jolly, Peterson & Waters, P.A., Tallahassee, for Appellee.

ERVIN, J.

This is an appeal from an order dismissing a complaint with prejudice due to the failure of appellant, the Estate of Robert Brown, to state a cause of action against appellee, W.A. Woodham, Sheriff of Gadsden County, Florida. The lower court ruled that the sheriff owed no statutory, general, or special duty of care to Brown. We cannot agree and therefore reverse the dismissal and remand the case for further proceedings.

The Estate alleged a breach...

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