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Blog Posts in Sovereign Immunity

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  • Florida Supreme Court rules that Florida’s sovereign immunity cap on damages applies collectively to all victims in mass shooting because all injuries occurred as the result of the “same incident or occurrence”

    On September 24, 2020, in Barnett v. State of Florida, Department of Financial Services, et al., No SC19-87, the Florida Supreme Court ruled that multiple...

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  • Florida Fourth DCA affirms trial court’s denial of defendant security guard's motion to dismiss on sovereign immunity grounds in wrongful death lawsuit arising from 2018 Stoneman Douglas High School shooting

    On July 1, 2020, in Medina v. Pollack, No. 4D19-777, the Florida Fourth DCA affirmed a trial court’s denial of the defendant’s motion to dismiss the complaint based on sovereign immunity ...

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  • Florida First DCA rejects essential government functions test in determining defendant’s sovereign immunity status

    On April 21, 2020, in Operations Management International, Inc. v. Johnson, No. 1D19-3393, the First DCA affirmed a trial court’s denial ...

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  • Florida Fourth DCA rules that school resource officer on duty at time of mass shooting at Marjory Stoneman Douglas High School is not entitled to summary judgment on the grounds of qualified statutory immunity in parents’ wrongful death/negligence case

    On December 18, 2019, in Peterson v. Pollack, No. 4D19-431, the Florida Fourth DCA affirmed a trial court ruling denying the summary judgment motion ...

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  • Florida First DCA rules that liability of law enforcement agency for injuries caused by motor vehicle pursuit requires proof of officer’s recklessness exceeding gross negligence

    On June 12, 2019, in Ross v. City of Jacksonville , No. 1D18-2994, the Florida First DCA considered as a matter of first impression the application of the current version of Section 768.28(9)(d), ...

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  • Florida Third DCA rules that sovereign immunity shielded county from liability for discretionary decisions made concerning allocation of resources to provide security for park partygoers

    On April 25, 2018, in Sanchez v. Miami-Dade County , No. 3D16-959, the Florida Third DCA ruled that the defendant county had sovereign immunity under Fla. Stat. section 768.28(9) which barred the ...

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  • Florida First DCA dismisses interlocutory appeal of trial court order denying defendant's summary judgment motion based on sovereign immunity

    On February 23, 2018, in Florida Highway Patrol v. Jackson , No, 1D16-3940, dismissed the interlocutory appeal of a trial court order denying the defendant FHP’s summary judgment motion based on ...

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  • Florida Fourth DCA rules that limitation on attorney's fees in Claims Bill was an unconstitutional impairment of contract

    On June 21, 2017, in Grossman Roth P.A. v. Mellon , No. 4D14-1766, the Florida Fourth DCA struck down a portion of a final judgment by a trial court setting attorney’s fees in a declaratory judgment ...

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  • Second District Court of Appeal reverses trial court's dismissal of plaintiff's complaint against City of Tampa for alleged failure to comply with sovereign entity pre-suit notice requirement

    On February 1, 2017, in Wilson v. City of Tampa , No, 2D15-3953, the 2nd DCA reversed a trial court's dismissal of the plaintiff's negligence complaint against City of Tampa because of the plaintiff's ...

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  • Florida Supreme Court rules that limitation on attorney's fees in Claims Bill was an unconstitutional impairment of contract

    On January 31, 2017, in Searcy, Denney, Scarola, Barnhart & Shipley v, State of Florida , No. SC15-1747, the Florida Supreme Court struck down the portion of a legislative Claims Bill that had sought ...

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