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Howard v. Tarner and CityELLIS HOWARD TOM TAPNER Plaintiff, Defendant, IN THE COUNTY COURT, IN AND FOR OKEECHO2EE COUNTY, FLORIDA CASE NC. SR MOTION TO DISMISS CLAIM COMES NON the Defendant, by and through undersigned counsel, and files this motion to dismiss the Plaintiffs statement of claim against the Defendant in thiz action, and states: 2. The :Tytion arises out of a claim by the plaintff f.;), a tort allegedly committed by the defendant. 2. That at the date and t'me of the claim. the plaintiff was placed under arrest by the defendant, who is a certified municipal plice offic for the City cf 7)h,ech(dJe Fida, a municipal corpoLation and :diy7sien of the State of Florida. • 3. That the provisions of F.S. 76P.2P,(0(o) provide that: "No officer. employee aoent of the State or any of lts subdivisions shall be held personally liable in tort or named as 3 party defendant in any action for any injury or damaoe suffered as a result of any oct, event or omissionfof action in the soope of her or his employment or function. unless such officer, employee, or agent acted in bad faith or with maliciouca prtrpose, in a manner exhibitin7 wanton and wilful disregard cf human riohts. safety or property. 4. The 7tatute further provides that the exclusive remedy for th,, plaintiff is a cause of action against the subdivision of the tat, which also requires advance written notice of the claim to such entity as provide by law. . 5. The complaint of plaintiff does not allege had faith or malicious conduct, or that the claim arose outside the scope of empoyment of the defendant. Therefore, the action must be dismissed. 777PMTTTRn th j is _ day of April. 1992. I HEREBY CERTIFY a true copy her :,of was furnished to the plaintiff this / day of April, 1998 by hand delivery in open court. JOHN R. COOF Attorney City of Okeechobee 55 S.E. 3rd Avenue Okeechobee, Florida 34972 ;941)4C,770297 (941)467-4752 FAX Floi icL 1T no. • IN THE COUNTY CASE COURT imip S9R OKEECHOBEE COUNTY, FLORIDA ELLIS HOWARD XX by self by agent Plaintiff Phone by attorney v' HOMAS TARNER / Defendant Phone by self by agent by attorney JOHN COOK PRE TRIAL CONFERENCE MEMORANDUM Plantiff took a voluntary dismissal Plaintiff failed to appear; Court dismissed the case without prejudice. Defendant failed to appear; the Court enters a default against him/her. Plaintiff must file a proof of claim. The Court continued the hearing ( ) upon stipulation ( ) for the parties to reach a settlement ( ) and ordered the parties to reappear on at .M., unless the case will be dismissed without prejudice; if Defendant fails to appear, a default will be entered. The Court dismissed the Statement of Claim because it was legally insufficient, and gave Plaintiff until to file an amendment and sent a copy to Defendant. The Court struck the claim for as being legally improper. The Defendant admitted liability and damages. The parties stipulated town amount to be paid over time. The Defendant denied liability and damages. The Defendant admitted liability but disputed the amount of damages. The Defendant has until to file a written claim for a set -off, counterclaim or third party complaint with the Clerk and send a copy to Defendant. op, XXX r: CONTINUED UNTIL MAY 1, 1998 AT 10:30 A.M. f# r .i r 0.1 6-11 NOTICE OF TRIAL This case is set for trial on at .M., at the Okeechobee County Courthouse, Okeechobee, Florida., ,f; IMPORTANT -READ TRIAL IN . �,CTIOI ON REV Approved: 4 _1 — 1DGE PTC.MEM Date: Law Office Of JOHN R. COOK 202 NW 5th Ave. Okeechobee, FL 34972 (941) 467 -0297 Fax (941) 467 -4798 To Lola flT91cflT© Date 5/19/98 Subject Varner Attorneysts fee: 1.5 hours r( Thank you. ❑ Please reply ❑ No reply necessary SIGNED