TIM WOULARD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
TIM WOULARD, APPELLANT,
STATE OF FLORIDA, APPELLEE
365 So. 2d 143
Florida Supreme Court (1978)
Negative Treatment
Cited by 63 cases
Opinion of the Court
PER CURIAM.
The order of the trial judge, denying the motion to dismiss on the grounds that Section 812.014 is unconstitutional, is affirmed. See State v. Allen, 362 So. 2d 10 (Fla.1978); State v. Lewis, 364 So. 2d 1223, (Fla. 1978); State v. Belgrave, 364 So. 2d 1225, No. (Fla. 1978); Dunnigan v. State, 364 So. 2d 1217, (Fla. 1978). This case is transferred to the District Court of Appeal, Fourth District, for consideration of the remaining issues raised by appellant.
ENGLAND, C. J., and ADKINS, BOYD, OVERTON, SUNDBERG, HATCHETT and ALDERMAN, JJ., concur.
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Citator
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Pan-Am Tobacco Corp. v. Dep't OF Corr., 471 So. 2d 4 (Fla. 1984)…ninsular Railroad, 35 Fla. 625, 17 So. 902 (1895). Nonetheless, we note that this is not the first time this Court has looked to the legislative intent in general [*6] law to find a sovereign amenable to suit. Manatee County v. Town of Longboat Key, 365 So. 2d 143 (Fla.1978) (where the legislature clearly intended the county to participate in resolution of taxation dispute and the county ignored its statutory duty, courts had jurisdiction to fashion a remedy in equity). We would also emphasize that our holdi…
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Levine v. Dade Cnty. Sch. Bd., 442 So. 2d 210 (Fla. 1983)…f the claim before suit may be filed against any state agency or subdivision except a municipality. Because this subsection is part of the statutory waiver of sovereign immunity, it must be strictly construed. Manatee County v. Town of Longboat Key, 365 So. 2d 143 (Fla.1978); Spangler v. Florida State Turnpike Authority, 106 So. 2d 421 (Fla.1958). In the face of such a clear legislative requirement, it would be inappropriate for this Court to give relief to the petitioner based on his or our own beliefs about…
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Am. Home Assurance Co. v. Nat'l R.R. Passenger Corp., 908 So. 2d 459 (Fla. 2005)…shared in common and not separately exercisable by each such agency). Furthermore, only the Legislature has the constitutional authority to waive the state’s sovereign immunity. See art. X, § 13, Fla. Const.; Manatee County v. Town of Longboat Key, 365 So. 2d 143, 147 (Fla.1978). The power of a state agency or subdivision to enter into a contract with private parties does not encompass the power to extend the government’s liability beyond the limits established in section 768.28. See, e.g., Op. Att’y Gen. F…1 / 2
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- State v. Allen, 362 So. 2d 10 (Fla. 1978)
- Dunnigan v. State, 364 So. 2d 1217 (Fla. 1978)
- State v. Monty Ray Belgrave and Stephen Roger Smith, 364 So. 2d 1225 (Fla. 1978)
- State v. Lewis, 364 So. 2d 1223 (Fla. 1978)