SECRET COVE CIVIC ASSOCIATION, INC., A FLORIDA NON-PROFIT CORPORATION, ROBERT C. CHAPLIN, DAVID W. CARROLL AND ALFRED ENGELHARDT, APPELLANTS,
v.
WILLIAM J. NIHOUL AND BETTY J. NIHOUL, APPELLEES
SECRET COVE CIVIC ASSOCIATION, INC., A FLORIDA NON-PROFIT CORPORATION, ROBERT C. CHAPLIN, DAVID W. CARROLL AND ALFRED ENGELHARDT, APPELLANTS,
WILLIAM J. NIHOUL AND BETTY J. NIHOUL, APPELLEES
488 So. 2d 897
Florida District Court of Appeal, First District (1986)
Positive Treatment
Cited by 6 cases
Opinion of the Court
PER CURIAM.
AFFIRMED.
SHIVERS and BARFIELD, JJ., concur.
ZEHMER, J., concurs specially.
Concurrence
ZEHMER, Judge,
specially concurring.
I concur in the affirmance with the understanding that appellants seek only in-junctive relief against appellees and do not seek money damages for fraudulent misrepresentation and, further, that we do not pass upon the sufficiency of the allegations to state a cause of action for money damages.
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Spooner v. Dep't OF Corr., 514 So. 2d 1077 (Fla. 1987)…OVERTON, Justice. The First District Court of Appeal, in Spooner v. Department of Corrections, 488 So. 2d 897 (Fla. 1st DCA 1986), certified the following question to this Court: Has the State of Florida, pursuant to Section 768.28, Florida Statutes (1983), waived its Eleventh Amendment and state common law immunity and consented to suits against the State…
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The Dep't OF Corr. of the State of Fla. v. Hill, 490 So. 2d 118 (Fla. 3d DCA 1986)…ON MOTION FOR REHEARING AND CERTIFICATION Hill’s motion for certification is granted and we certify to the Supreme Court of Florida the question certified by the First District Court of Appeal in Spooner v. Department of Corrections, 488 So. 2d 897 (Fla. 1st DCA 1986): Has the State of Florida, pursuant to section 768.28, Florida Statutes (1983), waived its Eleventh Amendment and state common law immunity and consented to suits against the State and its agencies under 42 U.S.C. Section 1983?…
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