# Wallace v. Dean

> Supreme Court of Florida · January 29, 2009 · 34 Fla. L. Weekly Supp. 52

URL: https://www.frixlaw.com/law-library/cases/9657668

## Case

- **Full name:** Kelly WALLACE, Petitioner, v. Ed DEAN, Sheriff of Marion County, Respondent
- **Court:** Supreme Court of Florida
- **Decided:** January 29, 2009
- **Citations:** 34 Fla. L. Weekly Supp. 52; 3 So. 3d 1035; 2009 Fla. LEXIS 138; 2009 WL 196394
- **Precedential status:** Published
- **Opinion:** Dissent by Polston
- **Judges:** Lewis, Quince, Pariente, Anstead, Wells, Canady, Polston
- **Cited by:** 137 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9657668

## How later opinions describe it (automated extraction)

- concluding undertaker’s doctrine was satisfied “because the deputies, in a position of authority, increased the risk of harm that the decedent faced by 2 inducing third parties—who would have otherwise rendered further aid . . . —to forebear from doing so”
- recognizing four bases for imposing a duty: “(1) legislative enactments or administration regulations; (2) judicial interpretations of such enactments or regulations; (3) other judicial precedent; and (4) a duty arising from the general facts of the case”
- holding that the complaint adequately pleaded a claim of negligent undertaking because it alleged that the defendants “affirmatively and specifically undertook to provide aid” upon which others relied
- explaining that the doctrine applies to “enforcement of the criminal law (e.g., the decision of whether to arrest a suspect or whether to enforce a particular law in a given situation)”

## Opinion text

POLSTON, J.,
dissenting.
I agree with Justice Wells that we should discharge jurisdiction because there is not an express and direct conflict pursuant to article V, Section 3(b)(3), Florida Constitution.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9657668. Public record. Not legal advice.