Ailesv.Continental Ins. Co.

District Court of Appeal of Florida, First DistrictJul 26, 1979
Nos. LL-83, MM-45 (Fla. Dist. Ct. App. 1979)
Nos. LL-83, MM-45372 So. 2d 1391

Nos. LL-83, MM-45.

July 26, 1979.

Appeal from the Circuit Court, Volusia County, W.L. Wadsworth, J.

Anthony I. Provitola, P.A., DeLand, for appellants.

Robert K. Rouse, Jr. of Smallbein, Eubank, Johnson, Rosier Bussey, P.A., Daytona Beach, for appellees Continental and County of Volusia.

Julius F. Parker, Jr. of Madigan, Parker, Gatlin, Swedmark Skelding, Tallahassee, for appellee Duff.


It has not been made to appear, on this appeal from summary judgments for defendants Volusia County and Sheriff Duff, that either had a duty as a matter of law to use reasonable care in guarding and restraining violent prisoners transferred under the Baker Act to Halifax Hospital, which was independently operated, nor that there were disputed issues of material fact which might bear upon the existence of such alleged duties. The summary judgments are therefore

AFFIRMED.

MILLS, C.J., and HENRY CLAY MITCHELL, Jr., Associate Judge, concur.