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Russ v. City of Jacksonville5/19/1999
ach Officer Baker clearly does not relate to his general moral character, compare Chavers v. State, 380 So. 2d 1180, 1181 (Fla. 5th DCA), but rather to his prior actions in making DUI arrests in circumstances virtually identical to the facts of the instant case which directly relate to his credibility as a witness in the instant case.
Because we are remanding for a new trial, it is unnecessary to address the remaining issues on appeal. Upon remand, Russ may amend his complaint to add a count seeking to state a cause of action for negligent retention. See Florida Rule of Civil Procedure 1.190(a). Such amended complaint will necessitate the filing of an amended answer, which will allow the City to cure any misunderstanding caused by the initial answer.
REVERSED and REMANDED for a new trial.
ALLEN AND WEBSTER, JJ., CONCUR.
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