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549 So. 2d 1216

549 So.2d 1216

14 Fla.L.Weekly 2457

Wemett v. Carson

District Court of Appeal of Florida

Decided October 19, 1989

District Court of Appeal of Florida · decided 1989-10-19

Decided 1989-10-19

BARFIELD, Judge.

¶1The order of the trial court dismissing appellant’s complaint with prejudice as to Sheriff Dale Carson is affirmed because the complaint purports to recover from the sheriff in his official capacity. The order dismissing the complaint with prejudice against the remaining appellees is reversed. The third amended complaint clearly sets forth the intent to sue the officers in their personal capacity and alleges the requisites of conduct and intention to remove them from the immunity covered by section 768.29(9)(a), Florida Statutes (1983).

¶2*1217AFFIRMED in part, REVERSED in part, and REMANDED.

BOOTH and JOANOS, JJ., concur.
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