STATE OF FLORIDA, APPELLANT,
v.
DERICK L. GRACE, APPELLEE

Fla. 4th DCA | 1990-08-15
No. 90-0768
GUNTHER and GARRETT, JJ., concur.
564 So. 2d 1265 Florida District Court of Appeal, Fourth District (1990) Positive Treatment
Cited by 4 cases

Opinion of the Court
LETTS, Judge.

LETTS, Judge.

Reversed and remanded on the authority of Illinois v. Rodriguez, — U.S. -, 110 S.Ct. 2793, 111 L.Ed.2d 148 (1990), a case decided subsequent to the trial judge’s ruling-

REVERSED AND REMANDED.

GUNTHER and GARRETT, JJ., concur.


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  • Fernandes v. Barrs, 641 So. 2d 1371 (Fla. 1st DCA 1994)
    …llege would be to go through the process of seeking a claims relief act in the Florida Legislature. This claims relief procedure, however, is completely discretionary with the Legislature. See South Broward Topeekeegeeyugnee Park District v. Martin, 564 So. 2d 1265, 1267 (Fla. 4th DCA 1990), review denied mem., 576 So. 2d 291 (Fla.1991) (plaintiff entitled to entry of judgment in full amount of damages and then may report excess over statutory cap to legislature by means of claims bill, to recover “as the legi…
  • Metro. Dade Cnty. v. Jesumene Frederic, 698 So. 2d 291 (Fla. 3d DCA 1997)
    …ction of the awards to $100,000. See § 768.28, Fla.Stat. (1989) (judgment may be claimed and rendered in excess of statutory limits); Berek v. Metropolitan Dade County, 422 So. 2d 838 (Fla.1982); South Broward Topeekeegeeyugnee Park Dist. v. Martin, 564 So. 2d 1265 (Fla. 4th DCA 1990), review denied, 576 So. 2d 291 (Fla.1991). However, in this case, the County correctly asserts that it may not be held jointly and severally liable for economic or noneconomic damages. Florida law only permits joint and several…
  • …ntly, the trial court reduced the final judgment to $200,000, citing section 768.-28(5), Florida Statutes (1985), which caps the amount that may be recovered against the government in a tort action. In South Broward Topeekeegeeyugnee Park v. Martin, 564 So. 2d 1265 (Fla. 4th DCA 1990), rev. denied, 576 So. 2d 291 (Fla.1991), this court affirmed the award, but reversed the order reducing the judgment to $200,000, and remanded with directions to reinstate the judgment for the full amount of recovery, $1,600,000,…

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