STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
v.
CLODETTE FLEURVIL, ET AL, FALAND JEANTY, AS MOTHER AND NATURAL GUARDIAN OF FAEYANA DESIRUS, A MINOR, EDZARE LAROSE JEAN, ET AL

Fla. 2d DCA | 2019-10-23
No. 18-4456
Kyle, J., Silberman, J., Morris, J., Smith, J.
Florida District Court of Appeal, Second District (2019)

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.


Holding

The appeal is dismissed because sovereign immunity bars the tort claims against the state.


Headnotes

[1] Sovereign immunity bars tort claims against the state and its agencies, including the Florida Department of Transportation.

Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.

Join FLexlaw to unlock all legal intelligence

Facts & Procedural History

The Florida Department of Transportation appealed a circuit court decision in a case involving multiple plaintiffs, including personal representatives…

The full statement of facts, procedural history, and disposition for this case are member content.

Join FLexlaw to unlock all legal intelligence

© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.


Per_curiam
Per Curiam

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING

MOTION AND, IF FILED, DETERMINED

IN THE DISTRICT COURT OF APPEAL

OF FLORIDA

SECOND DISTRICT

FLORIDA DEPARTMENT OF

) TRANSPORTATION, ) ) Appellant, ) ) v. ) Case No. 2D18-4456 ) CLODETTE FLEURVIL, MAXO FLEURVIL, ) NICOLAS ALEXIS, GLADYS ALEXIS, )

MACATY JEAN JACQUES, NOELMISE

) NOEL, NOZAIRE NORE, JOSE ZIMERO, )

JEAN BAPTISTE RAFAEL, ROSETTE

) VOLMAR as personal representative of ) the Estate of Dazilia Joseph, deceased, ) CLAIROMENE GLYSEE LOCHARD as ) personal representative of the Estate of ) Lifaite Lochard, deceased, JEANNOT ) PETIT-FRERE, as personal representative ) of the Estates of Jude Petit-Frere and ) Obernise Petit-Frere, deceased, )

INNOCENT ROSEME, FALAND JEANTY

) as mother and natural guardian of Faeyana ) Desirus, a minor, and EDZARE LaROSE ) JEAN as personal representative of the ) Estate of Wanie LaRose, deceased, ) ) Appellees. ) ___________________________________) Opinion filed October 23, 2019. Appeal pursuant to Fla. R. App. P. 9.130 from the Circuit Court for Lee County; Keith R. Kyle, Judge.

Carri S. Leininger of Williams, Leininger & Cosby, P.A., North Palm Beach, for Appellant. Sorraya M. Solages-Jones of Lytal, Reiter, Smith, Ivey, & Fronrath, West Palm Beach, and Scott B. Smith of Scott Smith Injury Law, Palm Beach Gardens, for Appellees.

PER CURIAM.

Dismissed. See Fla. Highway Patrol v. Jackson, 238 So. 3d 430 (Fla. 1st DCA 2018), review granted, No. SC18-468, 2018 WL 6818899 (Fla. Dec. 27, 2018); Miami-Dade Cty. v. Pozos, 242 So. 3d 1152 (Fla. 3d DCA 2017). SILBERMAN, MORRIS, and SMITH, JJ., Concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw