TORTS: SOVEREIGN IMMUNITY: CIVIL PROCEDURE: DISMISSAL OF COMPLAINT AGAINST EMPLOYEES OF FLORIDA DEPARTMENT OF CORRECTIONS (FDOC) AFFIRMED BASED ON SOVEREIGN IMMUNITY UNDER SECTION 768.28(9)(a), FLORIDA STATUTES: FOUR CORNERS RULE: DISMISSAL OF COMPLAINT AGAINST FDOC REVERSED BECAUSE IT WAS BASED UPON CONSIDERATION OF MATTERS OUTSIDE THE RECORD INVOLVING COMPLIANCE WITH PRESUIT NOTICE REQUIREMENTS UNDER SECTION 768.28(6)(a), FLORIDA STATUTES

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Rivers v. Florida Department of Corrections, ___ So. 3d ___, 39 Fla. L. Weekly D2589 (Fla. 1st DCA December 12, 2014)

The appellate court affirmed an order dismissing a complaint against two employees of the Florida Department of Corrections (FDOC) because the employees were entitled to immunity under Section 768.28(9)(a), Florida Statutes. The appellate court reversed an order dismissing … Click To Read Full Case Law Review...

TORTS: SOVEREIGN IMMUNITY: CITY’S FAILURE TO ENSURE THAT REAL ESTATE DEVELOPER PROVIDED ADEQUATE SECURITY FOR COMPLETION OF INFRASTRUCTURE; APPEALS: CERTIORARI: DENIAL OF SUMMARY JUDGMENT BASED ON SOVEREIGN IMMUNITY IS NOT REVIEWABLE BY CERTIORARI: SUPREME COURT ALLOWS CITY TO TAKE ADVANTAGE OF NEW RULE OF APPELLATE PROCEDURE PROVIDING FOR NON-FINAL APPEAL OF DECISIONS DETERMINING, AS A MATTER OF LAW, ENTITLEMENT TO SOVEREIGN IMMUNITY

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Beach Community Bank v. City of Freeport, ___ So. 3d ___, 39 Fla. L. Weekly S687 (Fla. November 13, 2014)

A bank sued the city for “fail[ing] to ensure a real estate developer posted an adequate security for completion of the infrastructure” on a construction project.  The trial court denied the city’s motion to dismiss based on sovereign immunity, but … Click To Read Full Case Law Review...

TORTS: NEGLIGENCE: SOVEREIGN IMMUNITY  

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Bergmann v. Florida Department of Transportation, ___ So. 3d ___, 39 Fla. L. Weekly D1590 (Fla. 1st DCA July 30, 2014)

A complaint alleging that the Florida Department of Transportation created a known but hidden hazardous condition and failed to correct it or warn of the danger involved an operational level activity and should not have been dismissed for … Click To Read Full Case Law Review...

TORTS: MEDICAL MALPRACTICE: SOVEREIGN IMMUNITY: NOTICE OF CLAIM: THREE YEAR DEADLINE FOR PROVIDING NOTICE OF CLAIM BEGINS TO RUN FROM THE DATE THE CLAIM ACCRUES RATHER THAN THE DATE THE MALPRACTICE WAS COMMITTED; CIVIL PROCEDURE: ERROR TO DENY LEAVE TO AMEND BECAUSE OF THE ABSENCE OF ABUSE, PREJUDICE, OR FUTILITY: PLEADING: GENERAL ALLEGATION OF COMPLIANCE WITH CONDITIONS PRECEDENT SATISFIES REQUIREMENT TO ALLEGE COMPLIANCE WITH THREE YEAR NOTICE PROVISION OF SOVEREIGN IMMUNITY STATUTE: APPEALS: COURT CRITICIZES APPELLEES FOR FILING NOTICES OF AUTHORITY CITING CASES DECIDED BEFORE THE BRIEFS WERE SUBMITTED AND CONTAINING NARRATIVE THAT AMOUNTED TO ADDITIONAL ARGUMENT AND FOR FILING NOTICES TO SUPPLEMENT THE RECORD WITH DOCUMENTS FILED AFTER THE NOTICE OF APPEAL  

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Exposito v. University of Miami School of Medicine, ___ So. 3d ___, 39 Fla. L. Weekly D1293 (Fla. 3d DCA June 18, 2014)

The plaintiff’s daughter was delivered at Jackson Memorial Hospital with severe disabilities, including a seizure disorder, cerebral palsy, spastic quadriplegia, cortical blindness, and encephalopathy. The trial court dismissed the mother’s amended complaint for medical malpractice because her … Click To Read Full Case Law Review...

TORTS: SOVEREIGN IMMUNITY: PRISONERS: DEPARTMENT OF CORRECTIONS: NEGLIGENT HANDLING OF INMATE PROPERTY: NOTICE AFTER FILING COMPLAINT

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Allen v. Crews, ___ So. 3d ___, 39 Fla. L. Weekly D791 (Fla. 1st DCA April 16, 2014)

The trial court dismissed an action against the Department of Corrections for failing to inventory properly and preserve an inmate’s book collection because notice of claim was furnished after the lawsuit was filed.  The appellate court reversed because notice was given … Click To Read Full Case Law Review...