Schwartz v. Miami Heat Ltd. Partner

Full title: ELLEN SCHWARTZ AND O.M. SCHWARTZ, HER HUSBAND, APPELLANTS, v. MIAMI HEAT…

Court: District Court of Appeal of Florida, Third District

Date published: Jul 5, 1994

638 So. 2d 625 (Fla. Dist. Ct. App. 1994)

Opinion

No. 93-2136.

July 5, 1994.

An appeal from the Circuit Court for Dade County; David Tobin, Judge.

Bernard B. Weksler, Coral Gables, for appellants.

Angones, Hunter, McClure, Lynch Williams and Christopher Lynch, Miami, for appellees.

Before HUBBART, BASKIN and COPE, JJ.

PER CURIAM.

Affirmed. Dean v. Rouillier, 597 So.2d 961 (Fla. 5th DCA), review denied, 606 So.2d 1165 (Fla. 1992); see Chateloin v. Flanigan's Enter., Inc., 423 So.2d 1002 (Fla. 3d DCA 1982).

HUBBART and BASKIN, JJ., concur.

COPE, Judge, specially concurring.

I concur in affirming on authority of Dean v. Rouillier, 597 So.2d 961 (Fla. 5th DCA), review denied, 606 So.2d 1165 (Fla. 1992), only. It would be a different case if plaintiffs alleged that the appellees made the decision to route traffic into a high crime area (when a safer alternative was available) and hired the off-duty officer to do so. As pled, the amended complaint only alleges police negligence in the routing of traffic, which, under Dean, is not attributable to appellees.