Wallace v. Dean

3 So.3d 1035 (2009)

Kelly WALLACE, Petitioner,

v.

Ed DEAN, Sheriff of Marion County, Respondent.

No. SC08-149.

Supreme Court of Florida.

January 29, 2009.

Rehearing Denied February 25, 2009.

Sharon H. Proctor, Lake Saint Louis, MO, and Mark A. Avera of Avera and Smith, LLP, Gainesville, FL, for Petitioner.

Bruce R. Bogan of Hilyard, Bogan and Palmer, P.A., Orlando, FL, for Respondent.

LEWIS, J.

In this case, we review the decision of the Fifth District Court of Appeal reported as Wallace v. Dean, 970 So.2d 864 (Fla. 5th DCA 2007). Despite the plaintiff-petitioner's repeated reliance upon the…