INSURANCE COMPANY OF THE SOUTH

v.

ELY & KENNEDY

Citator

Cited By (18 total)

• City OF Miami v. Roce Simpson, 172 So. 2d 435 (Fla. 1965)
  …erest. The petitioner points to Thompson v. City of Jacksonville, Fla.App., 130 So. 2d 105, as another decision of the First District adhering to non-liability for an intentional tort. We denied certiorari in City of Jacksonville v. Thompson, Fla., 147 So. 2d 530. However, the complaint which reached us in Thompson was grounded on an act negligently done. The intentional tort problem did not jell there. The other District Court decisions cited by the petitioner are, Middleton v. City of Fort Walton Beach, su…
• City OF Miami v. Sanders, 672 So. 2d 46 (Fla. 3d DCA 1996)
  …ing of a failure to use due care and does not contain the element of intent. See De Wald v. Quarnstrom, 60 So. 2d 919 (Fla.1952); Bucki v. Cone, 25 Fla. 1, 6 So. 160 (1889); Thompson v. Jacksonville, 130 So. 2d 105 (Fla. 1st DCA 1961), cert. denied, 147 So. 2d 530 (Fla.1962). As noted in McDonald v. Ford, 223 So. 2d 553 (Fla. 2d DCA 1969), “An assault and battery is not negligence for such action is intentional, while negligence connotes an unintentional act.” [*48] Hence, we come to the inescapable conclusio…
• Wood v. John Fraser, M.D., 677 So. 2d 15 (Fla. 2d DCA 1996)
  …red to section 766.106(4). . Accord Lovey v. Escambia County, 141 So. 2d 761, 764 (Fla. 1st DCA) ("Although a statute of repose may be technically distinguished from a statute of limitation, the ultimate effect of each is the same.”), cert. denied, 147 So. 2d 530 (Fla.1962). . Because the trial court did not address the appellee’s alternative basis for summary judgment, whether the action was time-barred by the two-year statute of limitations, that issue is not before us. Accordingly, we decline to comment…

Authorities Cited

• Ins. Co. OF THE S. v. Kennedy & ELY Ins., Inc., 143 So. 2d 199 (Fla. 3d DCA 1962)