GEORGE W. ADAMS, APPELLANT,
v.
GAME AND FRESH WATER FISH COMMISSION, AN AGENCY OF THE STATE OF FLORIDA, APPELLEE
GEORGE W. ADAMS, APPELLANT,
GAME AND FRESH WATER FISH COMMISSION, AN AGENCY OF THE STATE OF FLORIDA, APPELLEE
288 So. 2d 263
Florida District Court of Appeal, First District (1974)
Positive Treatment
Cited by 1 case
Opinion of the Court
PER CURIAM.
It appearing that the conduct complained of by appellant was properly held to be a discretionary function by the trial court, the waiver of sovereign immunity provided for by Section 768.15, Florida Statutes, F. S.A., does not obtain inasmuch as appellee was at the time of the conduct complained of performing a discretionary function which is made an exception to the said statutory waiver of immunity. Accordingly, the judgment dismissing the complaint for damages, which is the subject matter of review herein, is affirmed.
RAWLS, C. J., and JOHNSON and SPECTOR, JJ., concur.
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Cziraky v. The Sch. Bd. OF Palm Beach Cnty., Inc., 294 So. 2d 707 (Fla. 4th DCA 1974)…. W. Rozzo, Inc., Fla.App.1973, 286 So. 2d 221. See also Miller v. Esca Rosa Development Corporation, Fla.App.1973, 284 So. 2d 227; cf. Arnold v. Shumpert, Fla.1968, 217 So. [*708] 2d 116; Adams v. Game and Fresh Water Fish Commission, Fla.App.1974, 288 So. 2d 263. Certified question denied. WALDEN and MAGER, JJ., and MOORE, JOHN H., II, Associate Judge, concur.…