DADE COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, APPELLANT,
v.
FLORIDA ASSOCIATION OF WORKERS FOR THE BLIND, INC., A CORPORATION NOT FOR PROFIT ORGANIZED AND EXISTING UNDER THE LAWS OF THE STATE OF FLORIDA, APPELLEES
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A county, as a political subdivision of the state, is immune from a suit to quiet title.
The Florida Association of Workers for the Blind, Inc. sued Dade County to quiet title to real property. Dade County moved to dismiss, asserting sover…
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The appellant, Dade County, was one of the defendants in the trial court to a complaint brought by the appellee, Florida Association of Workers for the Blind, Inc. The relief prayed in the complaint was that the chancellor should quiet title of certain real property in the appellee. It was alleged that Dade County claimed some title, right or interest in the property.
The County moved to dismiss the complaint as to it, upon the ground that the County as a subdivision of the State of Florida is immune from suits of this nature. The trial judge denied the motion to dismiss and this appeal is from that order.
It is clear that a county is a political subdivision of the State of Florida. Kaulakis v. Boyd, Fla.1962, 138 So.2d 505; Keggin v. Hillsborough County, 71 Fla. 356, 71 So. 372 (1916) ; Broward County v. Bouldin, Fla.App.1959, 114 So.2d 737.
This Court has had opportunity to recognize this provision of the law in a somewhat similar situation. In Seaside Properties, Inc. v. State Road Department, Fla.App.1960, 121 So.2d 204, it was held that in the absence of an allegation that a State agency had actually taken or made physical encroachment on land, a suit to quiet title would not lie against the agency. We find no valid basis for a distinction between a State agency and a subdivision of the State insofar as immunity from suit to quiet title.
Accordingly, the order appealed is reversed with directions to dismiss the complaint as to the defendant Dade County.
Reversed.
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State of Fla. ex rel. Robert E. Allen, Sr. v. Weimern and Lee E. Williams, 214 So. 2d 7 (Fla. 4th DCA 1968)…. State, Fla.App.1964, 171 So. 2d 209. . Sauls v. DeLoach, Fla.App.1966, 182 So. 2d 304. . F.S.1967, Section 120.011, F.S.A. . Kaulakis v. Boyd, Fla.1962, 138 So. 2d 505; Dade County v. Florida Association of Workers for the Blind, Fla.App. 1965, 173 So. 2d 160. . See generally, 1 Am.Jur.2d, Administrative Law, § 63. . 21 U.Miami L.Rev. contained an article on “Procedural Due Process: Florida’s Uniform Administrative Procedure Act” in which it was said at 146: “It should be noted that while the A.P.A. ap…
Authorities Cited
- Keggin v. Cnty. of Hillsborough, 71 Fla. 356 (Fla. 1916)
- Hernando Beach Marine Grp. v. Hernando Cnty. (Fla. 5th DCA 2024)
- Alfonsus D. Kaulakis v. Boyd, 138 So. 2d 505 (Fla. 1962)
- Broward Cnty. & State Rd. Dep't of Fla. v. Bouldin, 114 So. 2d 737 (Fla. 2d DCA 1959)
- Seaside Props., Inc. v. State Rd. Dep't of the State of Fla. & Monroe Cnty., 121 So. 2d 204 (Fla. 3d DCA 1960)