CITY OF DAYTONA BEACH, ET AL., PETITIONERS,
v.
LAURA HUHN, RESPONDENT
OVERTON, Justice.
We quash the decision of the Fifth District Court of Appeal reported as Huhn v. Dixie Insurance Co., 453 So. 2d 70 (Fla. 5th DCA 1984), on the basis of our decision in Everton v. Willard, 468 So. 2d 936 (Fla.1985). We remand with directions that the trial court’s order dismissing the respondent’s complaint for failure to state a cause of action be reinstated.
It is so ordered.
BOYD, C.J., and ALDERMAN and MCDONALD, JJ., concur. EHRLICH, J., dissents with an opinion, in which ADKINS, J., concurs.
SHAW, J., dissents with an opinion, in which ADKINS, J., concurs.
EHRLICH, Justice,
dissenting.
This case is on all fours with Everton v. Willard, 468 So. 2d 936 (Fla.1985), and I dissent from the majority for precisely the reasons expressed in that case. Judge Or-finger’s opinion for the majority in the district court of appeal should be adopted as the decision of this court.
ADKINS, J., concurs.
SHAW, Justice,
dissenting.
I would approve the well reasoned decision of the district court below for the reasons stated in my dissent to Everton v. Willard, 468 So. 2d 936 (Fla.1985), and Duvall v. City of Cape Coral, 468 So. 2d 961 (Fla.1985), released today.
ADKINS, J., concurs.
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Trianon Park Condo. Ass'n, Inc. v. City OF Hialeah, 468 So. 2d 912 (Fla. 1985)…d by the United States Supreme Court in Varig Airlines, 104 S.Ct. at 2762-65. There have been a number of recent cases dealing with police power discretionary function activities for which no liability was found. See Rodriguez v. City of Cape Coral, 468 So. 2d 963 (Fla.1985) (decision to take person into protective custody); City of Daytona Beach v. Huhn, 468 So. 2d 963 (Fla.1985) (decision to make arrest); City of Daytona Beach v. Palmer, 469 So. 2d 121 (Fla.1985) (decisions of firefighters in combatting fir…1 / 2
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Azor J. Everton, Jr. v. Willard, 468 So. 2d 936 (Fla. 1985)…e knew Willard was intoxicated when he released him. For a correct statement and application of the rule of law, see Huhn v. Dixie Insurance Co., 453 So. 2d 70 (Fla. 5th DCA 1984), which the majority today disapproves. City of Daytona Beach v. Huhn, 468 So. 2d 963 (Fla.1985). Based on the allegations and the rule of law the facts of the case are as follows. Willard was driving his vehicle while intoxicated on or about 22 June 1979 at approximately 2:35 a.m. Willard was speeding and running a red light when h…1 / 3
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Pollock v. Fla. Dep't OF Hwy. Patrol, 882 So. 2d 928 (Fla. 2004)…of the Modlin doctrine. See Trianon Park Condominium Ass’n, Inc. v. City of Hialeah, 468 So. 2d 912 (Fla.1985); Everton v. Willard, 468 So. 2d 936 (Fla.1985); Duvall v. City of Cape Coral, 468 So. 2d 961 (Fla.1985); Rodriguez v. City of Cape Coral, 468 So. 2d 963 (Fla.1985); City of Daytona Beach v. Palmer, 469 So. 2d 121 (Fla.1985); City of Daytona Beach v. Huhn, 468 So. 2d 963 (Fla.1985); Reddish v. Smith, 468 So. 2d 929 (Fla.1985). Beginning with Trianon and Ever-ton, this Court returned to the “circuitou…1 / 2
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Azor J. Everton, Jr. v. Willard, 468 So. 2d 936 (Fla. 1985)
- Duvall v. City OF Cape Coral, 468 So. 2d 961 (Fla. 1985)
- Huhn v. Dixie Ins. Co., 453 So. 2d 70 (Fla. 5th DCA 1984)