Opinion

Nobles v. City of Jacksonville

  • 265 So. 2d 550
  • 1972 Fla. App. LEXIS 6439
Court
District Court of Appeal of Florida
Filed
Aug 10, 1972
Status
Published
Author
Rawls
On the bench
Carroll, Donald, Rawls, Spector
Cited by
10 cases

The opinion

RAWLS, Judge

(dissenting).

A municipality cannot be held liable in tort for breach of governmental duty over the public generally. It is uncontroverted that the State of Florida has the sole duty and power to maintain the subject bridge and thus a municipal corporation is not liable for injuries received by reason of the failure of the State of Florida to correct such alleged dangerous condition. The majority opinion’s citation of authority on nuisance is not applicable since we are not here concerned with the creation and maintenance of a nuisance.

It is my view that the facts alleged are not material and, therefore, the summary judgment entered by the learned trial judge was proper.

I dissent.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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