HOWARD BRODSKY, ALSO KNOWN AS HANK BRODSKY, APPELLANT,
v.
T. A. BUCHANAN, AS SHERIFF OF DADE COUNTY, THE CITY OF MIAMI, AND MUNICIPAL CORPORATION, WALTER HEADLEY, AS POLICE CHIEF OF THE CITY OF MIAMI AND LEE NAPIER, APPELLEES
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This case involves an appeal from summary final judgments entered in favor of the Sheriff of Dade County and the City of Miami. The appellate court affirmed the judgment for the Sheriff, citing prior case law, and affirmed the judgment for the City of Miami on the grounds that a police inspector acted independently and without control over the Sheriff's office's subsequent actions.
The summary final judgment for the Sheriff of Dade County was affirmed. The summary final judgment for the City of Miami was also affirmed, but on the separate ground that the city's police inspector acted independently and had no control over the Sheriff's office's subsequent actions or publications.
“The record conclusively [*339] shows that Napier, a police inspector of the City of Miami, forwarded the name of appellant Brodsky to the office of the Sheriff of Dade County, Florida three months prior to the alleged libelous publication.”
This quote establishes a key fact regarding the information flow between the City and the Sheriff's office.
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Join FLexlaw to unlock all legal intelligenceAppellant Brodsky appealed from summary final judgments entered for the Sheriff of Dade County and the City of Miami. The record indicated that a poli…
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Appellant [plaintiff below] appeals from the summary final judgments for the defendants.
The summary final judgment for T. A. Buchanan, as Sheriff of Dade County, is affirmed. See McNayr v. Kelly, Fla.1966, 184 So.2d 428, and Saxon v. Knowles, Fla.App.1966, 185 So.2d 194.
The summary final judgment for the other appellees is affirmed but on a different ground. The record conclusively *339shows that Napier, a police inspector of the City of Miami, forwarded the name of appellant Brodsky to the office of the Sheriff of Dade County, Florida three months prior to the alleged libelous publication. He is not shown to have had any control over the use, if any, the Sheriff’s office made of this information or any control, directly or indirectly, over whether or not the Sheriff’s office published anything concerning the same.
The summary final judgments are, therefore,
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- McNAYR v. Kelly, 184 So. 2d 428 (Fla. 1966)
- Kelly v. McNAYR, 185 So. 2d 194 (Fla. 3d DCA 1966)
- Saxon v. Warren E. Knowles & the City of Sanford, 185 So. 2d 194 (Fla. 4th DCA 1966)