CAMITA BEDDOW, AS ADMINISTRATRIX OF THE ESTATE OF JUDY LYNN SCROGGINS, APPELLANT,
v.
CITY OF CAPE CORAL, A MUNICIPAL CORPORATION, AETNA CASUALTY AND SURETY COMPANY, JOHN PATRICK MCNALLY, MARGARET MCNALLY, RANDALL INDUSTRIES, INC., A CORPORATION, D/B/A JACK'S RADIO CABS, WILLIAM ARTHUR ADKINS, SOUTHEASTERN FIDELITY INSURANCE COMPANY AND LUMBERMEN'S MUTUAL CASUALTY COMPANY, APPELLEES; RICHARD FONTAINE, AS ADMINISTRATOR OF THE ESTATE OF DONALD JOSEPH FONTAINE, APPELLANT, V. CITY OF CAPE CORAL, A MUNICIPAL CORPORATION, AETNA CASUALTY AND SURETY COMPANY, ET AL., APPELLEES; KATHY JEAN DUVALL, A MINOR, BY HER FATHER AND NEXT FRIEND, WILLIAM R. DUVALL, AND WILLIAM R. DUVALL AND JUDITH ANN DUVALL, APPELLANTS, V. CITY OF CAPE CORAL, A MUNICIPAL CORPORATION, AETNA CASUALTY AND SURETY COMPANY, ET AL., APPELLEES; JOHN THOMAS TKAC AND ANGELA TKAC, APPELLANTS, V. CITY OF CAPE CORAL, A MUNICIPAL CORPORATION, AETNA CASUALTY AND SURETY COMPANY, ET AL., APPELLEES
Explore caselaw by topic → Browse Fla. Stat. § 768.28 cases and more on FLexlaw
PER CURIAM.
The trial court dismissed appellant’s complaint against appellees with prejudice for failure to state a cause of action. The order of dismissal was predicated upon the Modlin doctrine, which precluded liability on the part of the state or any agency or subdivision thereof for breach of a duty owed to the citizens of the state in general and not to a particular person or persons. Modlin v. City of Miami Beach, 201 So. 2d 70 (Fla.1967). During the pendency of this appeal, our supreme court decided Commercial Carrier Corp. v. Indian River County, 371 So. 2d 1010 (Fla.1979), which held that the Modlin doctrine had been abrogated by the enactment of Section 768.28, Florida Statutes in 1973. Accordingly, we must reverse the order dismissing appellant’s complaint.
REVERSED and REMANDED for further proceedings consistent with this opinion.
GRIMES, C. J., and BOARDMAN and SCHEB, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Oyer v. Boyer, 383 So. 2d 717 (Fla. 4th DCA 1980)…no, it is the final modification order which controls. Attorneys simply cannot stipulate to prolong jurisdiction. Diggett v. Conkling, 368 So. 2d 74 (Fla. 4th DCA 1979); International Studio Apartment Association, Inc. v. Sun Holiday Resorts, Inc., 375 So. 2d 335 (Fla. 4th DCA 1979). We have bemoaned this fact before, most recently in the above two cited cases. We agree it is grossly inequitable for an attorney to be able to renege on his solemn agreement in the record.1 Nevertheless the question of jurisdic…
-
BAL Harbour Vill. v. City OF N. Miami, 678 So. 2d 356 (Fla. 3d DCA 1996)…g a challenge to Ordinance 888 after the jurisdictional time limit has expired. See generally Metro-Dade Police Department v. Hidalgo, 601 So. 2d 1259 (Fla. 3d DCA 1992); International Studio Apartment Association, Inc. v. Sun Holiday Resorts, Inc., 375 So. 2d 335, 336 (Fla. 4th DCA 1979), cert. denied, 383 So. 2d 1196 (Fla.1980); Fiat Motors of North America, Inc. v. Calvin, 356 So. 2d 908, 909 (Fla. 1st DCA), cert. denied, 360 So. 2d 1247 (Fla.1978). IV. We affirm the dismissal of Bal Har-bour’s claim tha…
-
Hale v. McDONOUGH, 970 So. 2d 362 (Fla. 3d DCA 2007)…o the Secretary. A proceeding that is not initiated within the applicable jurisdictional time limit is subject to dismissal. Miami-Dade County v. Peart, 843 So. 2d 363 (Fla. 3d DCA 2003); International Studio Apt. Assn. v. Sun Holiday Resorts, Inc., 375 So. 2d 335 (Fla. 4th DCA 1979). Affirmed.…
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Commercial Carrier Corp. v. Indian River Cnty., 371 So. 2d 1010 (Fla. 1979)
- Modlin v. The City OF Miami Beach, 201 So. 2d 70 (Fla. 1967)