CITY OF JACKSONVILLE BEACH, A BODY CORPORATE AND POLITIC, PETITIONER,
v.
THE HONORABLE GORDON A. DUNCAN, JR., AS CIRCUIT JUDGE OF THE FOURTH JUDICIAL CIRCUIT, IN AND FOR DUVAL COUNTY, FLORIDA, RESPONDENT
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BOOTH, Judge.
This cause is before us on petition for writ of prohibition to review the order of the circuit court denying a motion to dismiss the complaint in a tort action against the City of Jacksonville. Petitioner asserts that the circuit court exceeds its jurisdiction in entertaining the suit because the city is immune under the doctrine of soverign immunity, as most recently clarified by the Florida Supreme Court in Commercial Carrier Corporation v. Indian River County, 371 So. 2d 1010 (Fla.1979), and further because notice requirements were not complied with. Soverign immunity and the notice requirement have occasionally been referred to as questions going to the subject matter jurisdiction of the trial court.1 We hold that the determination of these questions are within the trial court’s jurisdiction and that alleged error in those determinations does not form the basis for invoking this court’s original jurisdiction. As to the notice requirement of Florida Statutes § 768.28, it is a condition precedent to suit but may be waived. Hutchins v. Mills, 363 So. 2d 818 (Fla. 1st DCA 1978). Compliance with conditions precedent is a matter for determination by the trial court, and refusal to dismiss the complaint on that basis is not grounds for writ of prohibition.
Accordingly, the alternative writ is discharged and the petition denied.
MILLS, C. J., and LARRY G. SMITH, J., concur. . See, e. g., State Road Department v. Brill, 171 So. 2d 229 (Fla. 1st DCA 1964).
Cases With Similar Vibessemantic neighbors from the corpus
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City OF Pembroke Pines v. Atlas, 474 So. 2d 237 (Fla. 4th DCA 1985)…is allegation is a condition precedent to suit, Commercial Carrier Corp. v. Indian River County, 371 So. 2d 1010 (Fla.1979), which must be pled to state a cause of action, but which may be waived by a defendant, City of Jacksonville Beach v. Duncan, 392 So. 2d 25, 26 (Fla. 1st DCA 1981), petition for review denied, 399 So. 2d 1141 (Fla.1981); Hutchins v. Mills, 363 So. 2d 818 (Fla. 1st DCA 1978), cert. denied, 368 So. 2d 1386 (Fla.1979). We hold that appellant waived the defect in the pleadings under the fac…
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Metro. Dade Cnty. v. Northern Coats and Sadie Bell Coats, 559 So. 2d 71 (Fla. 3d DCA 1990)…preting section 768.28(6)); City of Pembroke Pines v. Atlas, 474 So. 2d 237 (Fla. 4th DCA 1985), review denied, 486 So. 2d 595 (Fla.1986) (on motion for rehearing) (interpreting section 768.28(6)); see generally City of Jacksonville Beach v. Duncan, 392 So. 2d 25 (Fla. 1st DCA 1980), review denied, 399 So. 2d 1141 (Fla.1981) (interpreting section 768.28(6)); Hutchins v. Mills, 363 So. 2d 818 (Fla. 1st DCA 1978), cert. denied, 368 So. 2d 1368 (Fla.1979) (interpreting section 768.28(6)). In addition, Metro Da…
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S. Neurosurgical Assocs., P.A. v. The Honorable Edward H. Fine, 591 So. 2d 252 (Fla. 4th DCA 1991)…of jurisdiction and erroneous exercise of jurisdiction, the English court stated a suggestion for writ of prohibition must affirmatively show lack of jurisdiction in the lower court. Id. at 298. Another case is City of Jacksonville Beach v. Duncan, 392 So. 2d 25 (Fla. 1st DCA 1980), as modified on denial of rehearing (1981), petition for review denied, 399 So. 2d 1141 (Fla.1981). In a tort suit, the defendant, City of Jacksonville, petitioned for prohibition on the ground of sovereign immunity, and because…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Commercial Carrier Corp. v. Indian River Cnty., 371 So. 2d 1010 (Fla. 1979)
- Hutchins v. Mills, 363 So. 2d 818 (Fla. 1st DCA 1978)
- State Rd. Dep't of Fla. v. Brill, 171 So. 2d 229 (Fla. 1st DCA 1964)