DELORIS BERLIN, PERSONAL REPRESENTATIVE OF THE ESTATE OF CHRISTOPHER L. HARRIS, APPELLANT,

v.

HARRELL REID, SHERIFF OF HAMILTON COUNTY SHERIFF'S DEPARTMENT, HAMILTON COUNTY SHERIFF'S DEPARTMENT, JOE C. PEAVY, SHERIFF OF MADISON COUNTY SHERIFF'S DEPARTMENT, AND MADISON COUNTY SHERIFF'S DEPARTMENT, APPELLEES

Fla. 1st DCA | 2000-03-09

Nos. 1D97-4637, 1D98-2900

ERVIN, MINER and VAN NORTWICK, JJ„ CONCUR.

755 So. 2d 731 Florida District Court of Appeal, First District (2000) Positive Treatment

Cited by 2 cases

Opinion of the Court

PER CURIAM.

In these consolidated appeals, appellant seeks review of final summary judgments entered against her in a wrongful death action. The record shows that appellant’s decedent was a passenger in a stolen automobile fleeing from the police. Based upon these facts, we conclude as a matter of law that appellees owed no duty of care to appellant’s decedent. See Robinson v. City of Detroit, 225 Mich.App. 14, 571 N.W. 2d 34 (1997), appeal granted, 458 Mich. 860, 587 N.W. 2d 637 (1998); Jackson v. Oliver, 204 Mich.App. 122, 514 N.W. 2d 195 (1994). In view of our disposition, we do not reach appellant’s remaining issues.

AFFIRMED.

ERVIN, MINER and VAN NORTWICK, JJ„ CONCUR.

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…itled to raise the Heggs issue in a motion for post-conviction relief? The supreme court did not discuss this issue. However, two of our sister courts have found that the issue is properly raised in a post-conviction proceeding. See Battle v. State, 755 So. 2d 731 (Fla. 4th DCA 2000); Ramirez v. State, 752 So. 2d 1246 (Fla. 3d DCA 2000). We choose to follow those decisions. Our decision is buttressed by an analysis of Freshman v. State, 730 So. 2d 351 (Fla. 4th DCA 1999) which con- [*728] eluded that a defend…

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