TREZEVANT HOLMES, JR., BY SUBSTITUTION FOR R. L. MUDGETT, AS CITY CLERK AND EX OFFICIO COLLECTOR OF TAXES FOR THE CITY OF NEW SMYRNA BEACH, A MUNICIPAL CORPORATION IN VOLUSIA COUNTY, FLORIDA,
v.
MURRAY SAMS
TREZEVANT HOLMES, JR., BY SUBSTITUTION FOR R. L. MUDGETT, AS CITY CLERK AND EX OFFICIO COLLECTOR OF TAXES FOR THE CITY OF NEW SMYRNA BEACH, A MUNICIPAL CORPORATION IN VOLUSIA COUNTY, FLORIDA,
MURRAY SAMS
155 Fla. 720
Florida Supreme Court (1945)
Positive Treatment
Also reported at: 21 So. 2d 216
Cited by 2 cases
Opinion of the Court
The decree appealed from is affirmed.
It is so ordered.
CHAPMAN, C. J., BROWN, THOMAS and SEBRING, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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City of Miami v. Bethel, 65 So. 2d 34 (Fla. 1953)…of municipal immunity for tortious acts committed by employees engaged in " governmental functipns is derived from the common law which was adopted by the Legislature. McCain v. Andrews, 139 Fla. 391, 190 So. 616; Swanson v. City of Fort Lauderdale, 155 Fla. 720, 21 So. 2d 217; Bradley v. City of Jacksonville, 156 Fla. 493, 23 So. 2d 626. Also see 38 Am.Jur. 265, 272, 317. Hence, if the doctrine is to be altered, the responsibility for such change must rest with the legislative, not with the judicial, branc…