DEPARTMENT OF REVENUE, APPELLANT,

v.

WIDELL ASSOCIATES, INC., APPELLEE

Citator

Cited By (14 total)

• Dep't OF Transp. v. Neilson, 419 So. 2d 1071 (Fla. 1982)
  …Id. As a consequence it will be difficult, if not impossible, to determine the issue of immunity on a motion to dismiss. The sparsity of the record to support a summary judgment in favor of the state was a basis for reversal in Bellavance v. State, 390 So. 2d 422 (Fla. 1st DCA 1980), cert. denied, 399 So. 2d 1145 (Fla.1981). In that case the trial court had entered summary judgment against plaintiffs who alleged damages resulting from the negligent release by the state of a person committed to Northeast Flor…
• Dep't of Health & Rehabilitative Servs. v. B.J.M., 656 So. 2d 906 (Fla. 1995)
  …pholding the denial of mandamus as well as the negligent placement claim. 627 So. 2d at 515. . For an illustration of this type of analysis, see Comuntzis v. Pinellas County School Board, 508 So. 2d 750, 753 (Fla. 2d DCA 1987); Bellavance v. State, 390 So. 2d 422, 424-25 (Fla. 1st DCA 1980), review denied, 399 So. 2d 1145 (Fla.1981). . Florida courts have also recognized the broad discretion afforded to government agencies that allocate public services. In Steinhardt v. Town of North Bay Village, 132 So. 2d…
• Huhn v. Dixie Ins. Co., 453 So. 2d 70 (Fla. 5th DCA 1984)
  …The trial court dismissed with prejudice the plaintiffs second amended complaint based upon a finding that inmate classification was a discretionary rather than operational function. The appellate court reversed, noting that in Bellavance v. State, 390 So. 2d 422 (Fla. 1st DCA 1980), the court found no immunity when a state mental hospital negligently released a violent patient who injured a third party. The Smith court stated “the fact that prison officials have some discretion in assignments of inmates doe…

Authorities Cited

• Dep't OF Revenue v. Renel Constr., Inc., 388 So. 2d 1079 (Fla. 1st DCA 1980)