JAMES COTE, APPELLANT,
v.
DIXIE INSURANCE COMPANY, A FOREIGN CORPORATION, ET AL., APPELLEES
JAMES COTE, APPELLANT,
DIXIE INSURANCE COMPANY, A FOREIGN CORPORATION, ET AL., APPELLEES
457 So. 2d 602
Florida District Court of Appeal, Fourth District (1984)
Positive Treatment
Cited by 6 cases
Opinion of the Court
PER CURIAM.
Reversed and remanded. See Rule 2.060(g), Florida Rules of Judicial Administration.
GLICKSTEIN and HURLEY, JJ., and GOLDMAN, MURRAY, Associate Judge, concur.
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Windham v. Fla. Dep't of Transp., 476 So. 2d 735 (Fla. 1st DCA 1985)…this theory. Collom, supra (liability may be imposed when a governmental entity “creates a known dangerous condition” not readily apparent to persons who could be injured by the condition and fails to warn of such condition); Garza v. Hendry County, 457 So. 2d 602 (Fla. 2d DCA 1984) (no liability where defendant failed to post warning signs at intersection where no evidence defendant created known dangerous condition); Hannewacker v. City of Jacksonville Beach, 402 So. 2d 1294 (Fla. 1st [*741] DCA 1981), modi…
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Charles "Chuck" Seth Scott and Linda Scott v. Fla. Dep't of Transp., 752 So. 2d 30 (Fla. 1st DCA 2000)…ause the complaint contained no ultimate facts to support the claim that DOT had actual or constructive notice of a dangerous condition. Thus, the lower court found that sovereign immunity barred the claim on the authority of Garza v. Hendry County, 457 So. 2d 602 (Fla. 2d DCA 1984), and Zuniga v. Metropolitan Dade County, 504 So. 2d 491 (Fla. 3d DCA 1987). Planning Versus Operational Activities One of the more vexing questions in Florida jurisprudence is the scope of the statutory waiver of sovereign immun…
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Proulx v. Cnty. OF LEE & Hartford Accident & Indem. Co., 466 So. 2d 253 (Fla. 2d DCA 1985)…ot require reversal for a new trial as to Lee County. We hold that under the circumstances of this case Lee County enjoys sovereign immunity from liability to the plaintiffs. Payne v. Broward County, 461 So. 2d 63 (Fla.1984); Garza v. Hendry County, 457 So. 2d 602 (Fla. 2d DCA 1984). The appellants have not argued the possible applicability to this case of section 455.-06, Florida Statutes (1975), now section 286.28, Florida Statutes (1983), and we have not, therefore, considered the possible application of t…