Summary
holding that the trial court erred in granting summary judgment on the theory that sovereign immunity precluded an action for false arrest
Summary of this case from Jibory v. City of JacksonvilleOpinion
Case No. 1D00-0436.
Opinion filed November 6, 2000.
An appeal from the Circuit Court for Nassau County, Robert M. Foster, Judge.
Reversed and Remanded.
Daniel A. Smith, Jacksonville; Wm. J. Sheppard and D. Gray Thomas of Sheppard, White and Thomas, P.A., Jacksonville, for Appellant.
John C. Cooper, Gwendolyn P. Adkins, Henry J. Graham of Cooper, Coppins Monroe, P.A., Tallahassee, for Appellee.
Donna Sego appeals a final summary judgment on her claim for false arrest against the City of Fernandina Beach. The trial court granted summary judgment on the theory that sovereign immunity precludes an action for false arrest. This was error. See Thomas v. Florida Game Fresh Water Comm'n, 627 So.2d 541 (Fla. 2d DCA 1993) (sovereign immunity does not bar claim for false arrest); Lester v. City of Tavares, 603 So.2d 18 (Fla. 5th DCA 1992) (same).
Joanos, Wolf and Benton, JJ., Concur.