Sellers v. Rodriguez

WYNN, Judge.

Plaintiff James R. Sellers appeals from the trial court’s 8 January 2001 order denying his Rule 60(b) motion to set aside judgment. We affirm.

The facts of this case arise from Mr. Sellers’ complaint of January 1996 alleging that while in police custody he suffered injury as a result of the negligent acts of Lee County Deputy Sheriff Gilbert Rodriguez and Sanford Police Officer Vincent Frazer. Mr. Sellers alleged that at the time of the incident giving rise to his injuries, Deputy Rodriguez acted within his capacity as an agent and employee of the Lee County Sheriff’s office; and…