The opinion
Supreme Court of Florida
____________
No. SC19-487
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FREDERIC GUTTENBERG, etc., et al.,
Appellants,
vs.
THE SCHOOL BOARD OF BROWARD COUNTY,
Appellee.
September 24, 2020
PER CURIAM.
We have for review a final judgment of the Circuit Court of the Seventeenth
Judicial Circuit in Menescal v. School Board of Broward County, No. CACE-18-
009397 (Fla. 17th Cir. Ct. Dec. 20, 2018), which the Fourth District Court of
Appeal certified to this Court as an appeal that requires immediate resolution by
this Court because the issues pending “are of great public importance or will have
a great effect on the proper administration of justice throughout the state.”
Guttenberg v. Sch. Bd. of Broward Cty., No. 4D19-0229 (Fla. 4th DCA Mar. 28,
2019). We have jurisdiction. See art. V, § 3(b)(5), Fla. Const.
This case is controlled by our recent decision in Barnett v. State Department
of Financial Services, No. SC19-87 (Fla. Sept. 24, 2020). In Barnett, we held that
for purposes of the sovereign immunity damage caps set forth in section 768.28(5),
Florida Statutes (2010), “the mass shooting committed by [the shooter] is a single
‘incident or occurrence’ . . . and the cumulative liability for all claims of injury
resulting from the incident may not exceed the aggregate cap . . . set forth in the
statute.” Barnett, No. SC19-87, slip op. at 2. 1 Because the circuit court applied
the statute consistent with our decision in Barnett, we affirm the circuit court’s
order granting the School Board’s motion for summary judgment and rendering a
final declaratory judgment.
It is so ordered.
CANADY, C.J., and POLSTON, LABARGA, LAWSON, and MUÑIZ, JJ.,
concur.
COURIEL and GROSSHANS, JJ., did not participate.
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND,
IF FILED, DETERMINED.
Certified Judgments of Trial Courts in and for Broward County – Carol-Lisa
Phillips, Judge - Case No. 062018CA009397AXXXCE – An Appeal from the
District Court of Appeal, Fourth District, Case No. 4D19-229
1. The only difference between the 2010 version of subsection (5) at issue in
Barnett and the 2018 version at issue here is with respect to the applicable damage
caps. In 2010, subsection (5) was amended to raise the individual cap to $200,000
and the aggregate cap to $300,000, effective October 1, 2011. Ch. 2010-26, Laws
of Fla. Therefore, the $200,000/$300,000 damage cap applies in the present case.
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Stephen F. Rosenthal, Alissa Del Riego, and Dayron Silverio of Podhurst Orseck,
P.A., Miami, Florida,
for Appellant Frederic Guttenberg as Personal Representative of the Estate
of Jaime T. Guttenberg
Joel S. Perwin of Joel S. Perwin, P.A., Miami, Florida; and David W. Brill, Joseph
J. Rinaldi, Jr., and Chelsea R. Ewart of Brill & Rinaldi, Weston, Florida,
for Appellant Andrew Pollack, as Co-Personal Representative of the Estate
of Meadow Pollack
Tracy Considine of Tracy Considine, P.A., Jacksonville, Florida,
for Appellant Shara Kaplan, as Co-Personal Representative of the Estate of
Meadow Pollack
Curtis B. Miner, Julie Braman Kane, and Patrick Montoya of Colson Hicks Eidson,
P.A., Coral Gables, Florida,
for Appellant Max Schachter, as Personal Representative of the Estate of
Alex Schachter and Benjamin E. Wikander
Robert M. Stein and Jeffrey A. Tew of Rennert Vogel Mandler & Rodriguez, P.A.,
Miami, Florida,
for Appellants Philip and April Schentrup, as Co-Representatives for the
Estate of Carmen Schentrup
Daman Brody of The Brody Law Firm, LLC, Miami Beach, Florida,
for Appellants Martin Duque and Daisy Anguiano, as parents of Martin
Duque
Michael A. Haggard, Christopher Marlowe, and Todd J. Michaels of Haggard Law
Firm, P.A., Coral Gables, Florida,
for Appellants Manuel Oliver and Patricia Padauy, as Co-Personal
Representatives of the Estate of Joaquin Oliver, and Stacy Lippel and Linda
Beigel, as Personal Representative of the Estate of Scott Beigel
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Stuart Z. Grossman, Alex Arteaga-Gomez, and William P. Mulligan of Grossman
Roth Yaffa Cohen, Coral Gables, Florida,
for Appellants Ashley Maria Baez, a minor, by and through her parents and
natural guardians, Katherine Baez and Juan David Baez; Isabel Chequer, a
minor, by and through her parents and natural guardians, Gabriela Chequer
and Amin Chequer; Anthony and Jennifer Montalto, as Co-Personal
Representatives of the Estate of Gina Rose Montalto; and Kong Feng Wang
a/k/a Jacky Wang and Hui Ying Zhang a/k/a Linda Wang, as Co-Personal
Representatives of the Estate of Peter Wang
Barbara J. Myrick, Fort Lauderdale, Florida; and Eugene K. Pettis and Debra P.
Klauber of Haliczer, Pettis & Schwamm, PA, Fort Lauderdale, Florida,
for Appellee
Philip M. Burlington and Adam Richardson, Burlington & Rockenbach, P.A.,
West Palm Beach, Florida,
for Amicus Curiae Florida Justice Association
Bob L. Harris, James J. Dean, and Cameron H. Carstens of Messer Caparello, P.A.,
Tallahassee, Florida,
for Amici Curiae Panhandle Area Educational Consortium, Calhoun County
School Board, Franklin County School Board, Gadsden County School
Board, Gulf County School Board, Holmes County School Board, Jackson
County School Board, Jefferson County School Board, Liberty County
School Board, Madison County School Board, Taylor County School Board,
Wakulla County School Board, Walton County School Board, Washington
County School Board And Florida A&M University Developmental
Research School
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