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WALLACE v. DEAN

No. 5D06-4289.

970 So.2d 864 (2007)

Kelly WALLACE, as Personal Representative, etc., Appellant, v. Ed DEAN, Sheriff of Marion County, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied December 21, 2007.

Attorney(s) appearing for the Case

Sharon H. Proctor, Lake Saint Louis, MO, and Mark A. Avera and James P. Gainey, of Avera & Smith, LLP, Gainesville, for Appellant.

Bruce R. Bogan, of Hilyard, Bogan & Palmer, P.A., Orlando, for Appellee.

ORFINGER, J.

Kelly Wallace ("Ms. Wallace"), as personal representative of the estate of her mother, Brenda Wallace ("decedent"), appeals the trial court's dismissal of her wrongful death action against Ed Dean, in his official capacity as Sheriff of Marion County. Ms. Wallace contends that the trial court erroneously concluded that her complaint failed to state a cause of action and that the Sheriff was entitled to sovereign immunity. As explained below, we affirm...

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