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HOOVER v. POLK CTY. SHERIFF'S DEPT.

Nos. 92-00382, 92-00894.

611 So.2d 1331 (1993)

Rhonda Lavonia HOOVER and Lesua Wiggs, as co-personal representatives of the estate of Grace Holley Kirkland, deceased, and on behalf of and for the benefit of decedent's estate and survivors, and Lesua Wiggs, Dependent, Appellants, v. POLK COUNTY SHERIFF'S DEPARTMENT and Polk County, Florida, Appellees.

District Court of Appeal of Florida, Second District.

January 13, 1993.

Attorney(s) appearing for the Case

Neal L. O'Toole of Frost & O'Toole, P.A., Bartow, for appellants.

Judith J. Flanders, Charles T. Canady, and Donald G. Jacobsen of Lane, Trohn, Clarke, Bertrand, Vreeland & Jacobsen, P.A., Lakeland, for appellees.

PARKER, Judge.

Appellants seek review of the trial court's order granting motions to dismiss with prejudice the third amended complaint against the Polk County Sheriff's Department and Polk County. We reverse, concluding that the appellants have stated causes of action against the sheriff and the county.

The common allegations in the complaint before this court are incorporated into four counts: count one, the estate's negligence claim against the sheriff...

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