# Nobles v. City of Jacksonville

> District Court of Appeal of Florida · August 10, 1972 · 265 So. 2d 550

URL: https://www.frixlaw.com/law-library/cases/7450446

## Case

- **Full name:** Miriam Dee NOBLES v. CITY OF JACKSONVILLE, a municipal corporation
- **Court:** District Court of Appeal of Florida
- **Decided:** August 10, 1972
- **Citations:** 265 So. 2d 550; 1972 Fla. App. LEXIS 6439
- **Precedential status:** Published
- **Opinion:** Dissent by Rawls
- **Judges:** Carroll, Donald, Rawls, Spector
- **Cited by:** 10 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7450446

## Opinion text

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.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7450446. Public record. Not legal advice.