CITY OF WEST PALM BEACH, ETC., ET AL., PETITIONERS,
v.
JACK W. GORDON, SR., ETC., ET AL., RESPONDENTS
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The Petition for Writ of Certiorari reflected probable jurisdiction in this Court. We issued the Writ and have heard argument of the parties. After hearing argument and upon further consideration of the matter, we have determined that the Court is without jurisdiction. Therefore, the Writ must be and is hereby discharged and the Petition for Writ of Certiorari is dismissed.
It is so ordered.
OVERTON, C. J„ and ADKINS, BOYD, SUNDBERG and HATCHETT, JJ., concur. ENGLAND, J., concurs specially with opinion.
ENGLAND, Justice,
concurring specially.
In this proceeding and the companion cases of Nobles v. City of Jacksonville
and Clifton v. City of Fort Pierce,
we are invited to abolish the immunity of municipalities for all non-judicial and non-legislative pre-1975 torts.3 I would accept the invitation for the reasons well-expressed in Davies v. City of Bath, 364 A. 2d 1269, 1272, n. 8 (Me.1976); Ayala v. Philadelphia Board of Public Education, 453 Pa. 584, 305 A. 2d 877, 878-79 (1973); and Fuller & Casner, Municipal Tort Liability in Operation, 54 Harv.L. Rev. 437, 441-43 (1941).
. Case No. 48,100, 349 So. 2d 160, denying certiorari to review a decision of the First District Court of Appeal reported at 316 So. 2d 565.
. Case No. 48,379, 349 So. 2d 161, denying certiorari to review a decision of the Fourth District Court of Appeal reported at 319 So. 2d 195.
. In Section 768.28, Florida Statutes (1975), the Florida Legislature abolished state and municipal immunity for tort liability to the extent of specifically stated limits and subject to certain express conditions, effective January 1, 1975. § 768.30, Fla.Stat. (1975).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Henry v. Clifton et ux., 349 So. 2d 161 (Fla. 1976)…ENGLAND, Justice, dissents for the reasons expressed in City of West Palm Beach v. Gordon, 349 So. 2d 160, opinion filed today.…
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Nobles v. City OF Jacksonville (Fla. 1977)…ENGLAND, Justice, dissents for the reasons expressed in City of West Palm Beach v. Gordon, 349 So. 2d 160, opinion filed today.…
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Clayton v. City OF Cape Canaveral, 354 So. 2d 147 (Fla. 4th DCA 1978)…sage and enforcement of unconstitutional ordinances. Such is not the case at hand. This court outlined the current status1 of municipal tort liability in the case of Gordon v. City of West Palm Beach, 321 So. 2d 78 (Fla. 4th DCA 1975); cert. denied 349 So. 2d 160 (Fla.1977): Thus we conclude that the current status of municipal tort liability is this: 1) as to those municipal activities which fall in the category of proprietary functions a municipality has the same tort liability as a private corporation;…
Authorities Cited
- Henry v. Clifton et ux., 349 So. 2d 161 (Fla. 1976)
- Nobles v. City OF Jacksonville, 316 So. 2d 565 (Fla. 1st DCA 1975)
- Henry v. Clifton and Dorcas Clifton, 319 So. 2d 195 (Fla. 4th DCA 1975)
- Nobles v. City OF Jacksonville (Fla. 1977)