Case law

Bellavance v. State

390 So. 2d 422 · District Court of Appeal of Florida · Nov 13, 1980

We conclude that, as applied to these contentions of plaintiffs, the four questions heretofore posed clearly and unequivocally demand affirmative answers. (e.s.) … The court found that these were "operational, ministerial or housekeeping functions," for which suit would lie, but concluded that the record failed to establish negligence.

Chorak v. Naughton

409 So. 2d 35 · District Court of Appeal of Florida · Feb 5, 1982

To establish a battery, a plaintiff must suffer a harmful or offensive contact, and the tortfeasor must have intended to cause such contact. … Thus, the exclusivity provision of the Act clearly precludes an employee who acts with willful and wanton disregard, or with gross negligence and whose actions cause injury to a fellow employee from claiming immunity for

Horton v. Unigard Ins. Co.

355 So. 2d 154 · District Court of Appeal of Florida · Feb 14, 1978

Having established that the doctrine is still viable we must decide whether there is something unique about a wrongful death action which would exempt such an action from the application of the doctrine. … Clearly Clementine could not maintain an action and recover damages against her husband Raymond had she survived her injuries.

Gadsden County Times, Inc. v. Horne

426 So. 2d 1234 · District Court of Appeal of Florida · Feb 10, 1983

[a]n essential element to Plaintiff's cause is that he establish malice. … In light of the Garland test that finding was clearly erroneous.

Martin v. State

208 So. 2d 630 · District Court of Appeal of Florida · Mar 27, 1968

The state attorney read to him F.S. section 932.29, F.S.A.1965, the effect of which was to assure the witness immunity against prosecution on account of his testimony. … It follows that appellant’s contention that the grand jury in question was illegally impaneled has not been established.

Barbee v. Price Waterhouse, LLP (In Re Solar Financial Services, Inc.)

255 B.R. 801 · United States Bankruptcy Court, S.D. Florida. · Nov 28, 2000

DISCUSSION As a general rule, bankruptcy trustees are entitled to qualified judicial immunity for acts taken within their authority as an officer of the court. Royal Ins. Co. v. P.S.I. Agency, Inc. … The Court finds that that action alone qualifies the then Trustee, Barbee, for judicial immunity. Price Waterhouse contends that the Barton Doctrine is inapplicable to this case.

Vause v. Bay Medical Center

687 So. 2d 258 · District Court of Appeal of Florida · Dec 30, 1996

The plaintiff's complaint does not clearly show the applicability of the defense. … The facts alleged in the complaint establish this relationship.

CITY OF DELRAY BEACH v. SHERMAN WILLIAMS AMERICAN LEGION, POST 188

District Court of Appeal of Florida · Mar 22, 2023

We agree with the City that the complaint fails to sufficiently allege the existence of a written contract to establish a waiver of sovereign immunity as to a breach of contract claim. … The Post also correctly notes that sovereign immunity is generally an affirmative defense, and a motion to dismiss should be granted only when the complaint conclusively establishes its applicability. See Peak v.

Pearce v. US Fidelity and Guar. Co.

10 Fla. L. Weekly 2326 · District Court of Appeal of Florida · Oct 9, 1985

The appellees say the legislative intent clearly is to facilitate Division *752 investigation of possibly fraudulent insurance claims, and that, to assist in this objective, immunity is granted for reporting suspicions of … Failure to establish any one element will destroy the cause of action. Weissman v. K-Mart Corporation, 396 So.2d 1164 (Fla. 3d DCA 1981).

MMMG, LLC and Mobile Mike Promotions, Inc. v. Seminole Tribe of Florida, Inc., d/b/a Tribe, Inc., Tony Sanchez, Jr., etc.

196 So. 3d 438 · District Court of Appeal of Florida · Jun 15, 2016

Mobile Mike asserts it is well established that corporate tribal entities have no inherent immunity of their own. … The burden was on Mobile Mike to establish a waiver of STOFI’s immunity. See Seminole Tribe of Fla. v.

Proctor & Gamble Cellulose Co. v. Mann

667 So. 2d 338 · District Court of Appeal of Florida · Oct 24, 1995

court ruled that, because P & G had no liability under the law to secure workers' compensation benefits for Mann, P & G did not qualify for immunity from Mann's suit under Chapter 440. … Further, to establish a statutory employment relationship, the entity claimed to be a contractor must have incurred a contractual obligation to a third party and must have delegated or sublet a part of its contractual obligation

Nocco, Sheriff of Pasco County v. Wilcox

District Court of Appeal of Florida · Jun 6, 2025

Claims for negligent training are barred by sovereign immunity when they involve "decision[s] regarding how to train . . . officers and what subject matter to include in the training" because those are "clearly an exercise … the Sheriff had an established policy in place such that the timeliness of the deputy's training is an operational function.

Central Florida Clinic for Rehabilitation, Inc. v. Citrus County Hospital Board

738 F. Supp. 459 · District Court, M.D. Florida · Jan 9, 1989

To establish state action immunity under the relevant legal standard, a subdivision of a state must establish only that the challenged conduct was part of a clearly articulated and affirmatively expressed state policy. … The question presented to the Supreme Court in Town of Hattie was “how clearly a state policy must be articulated for a municipality to be able to establish that its anticompetitive activity constitutes state action.” 471

State of Florida Department of etc. v. Lisa O'Connor, f/k/a Lisa Zane

155 So. 3d 479 · District Court of Appeal of Florida · Jan 19, 2015

The Department rightly points out that sovereign immunity must be clearly and unequivocally waived. … court orders, as O’Connor has established under Chapter 717.

Wallace v. Dean

34 Fla. L. Weekly Supp. 52 · Supreme Court of Florida · Jan 29, 2009

Overview As an initial point of departure, brief clarification is necessary concerning the differences between a lack of liability under established tort law and the presence of sovereign immunity. … Hutt, 670 So.2d 64 (Fla.1996), we reasoned: It is clearly established that one who undertakes to act, even when under no obligation to do so, thereby becomes obligated to act with reasonable care. See Slemp v.

Ago

Florida Attorney General Reports · Jun 13, 1974

Regarding sovereign immunity, I hasten to add that the legislature has recently waived the state's immunity for liability for certain torts specified in the act. This act will become effective on January 1, 1975. … While the newsman's access may be restricted, guidelines must be narrowly drawn to prohibit interviews only where it can be clearly established that serious administrative or disciplinary problems are created.

Shands Jacksonville Medical Center, Inc., and University of Florida Board of Trustees

District Court of Appeal of Florida · Dec 11, 2024

Because the government is immune to suit, it “cannot be sued, except with its own consent. … the ALJ clearly cannot possess.

Inservices, Inc. v. Aguilera

837 So. 2d 464 · District Court of Appeal of Florida · Dec 26, 2002

However, established precedent and the plain language of the Workers' Compensation Act requires that we reverse. … As a matter of law, affirmance is required in this case as to the intentional infliction of emotional distress claim. [5] The workers' compensation immunity carrier has clearly committed an intentional tort, which brings

Rodriguez v. City of Clermont

681 F. Supp. 2d 1313 · District Court, M.D. Florida · Dec 31, 2009

Radi contends that he is entitled to qualified immunity, and that summary judgment should be entered in his favor. … To establish qualified immunity, a government official must first show that he was engaged in a “discretionary function” when he committed the allegedly unlawful acts. Holloman ex rel. Holloman v.

Shands Jacksonville Medical Center, Inc., and University of Florida Board of Trustees

District Court of Appeal of Florida · Dec 11, 2024

Because the government is immune to suit, it “cannot be sued, except with its own consent. … the ALJ clearly cannot possess.