Proprietary Function

144 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Dist. OF Columbia v. Green
  223 F.2d 312· D.C. Cir.· 1955-03-31 ·cited 6×
  The court held that the notice provided to the District of Columbia was sufficient under the statute, and the District's operation of the market was a proprietary function for which it could be held liable.
• Herbits v. Bd. of Trs. of the Internal Improvement Tr. Fund
  195 So. 3d 1149· Fla. 1st DCA· 2016-06-24 ·cited 5×
  Herbits and a condominium association appealed the Board of Trustees of the Internal Improvement Trust Fund's dismissal of their petition challenging the Board's approval of a partial modification of deed restrictions on Watson Island property conveyed to the City of Miami in 194
• J.W. Mikos v. City OF Sarasota
  636 So. 2d 83· Fla. 2d DCA· 1994-03-25 ·cited 5×
  The Property Appraiser of Sarasota County challenged a summary judgment exempting the City of Sarasota's property from ad valorem taxation. The court reversed, holding that property leased by a municipality to a nongovernmental lessee for commercial marina operations is subject t
• Collier v. Dade Cnty.
  417 So. 2d 695· Fla. 3d DCA· 1982-06-22 ·cited 5×
  Elizabeth Collier sued Dade County and surgeon Dr. Mixson for leaving a hemostat in her body during 1956 surgery, discovering it 20 years later. The trial court granted summary judgment to both defendants based on sovereign immunity, but the appellate court reversed as to Mixson
• Green v. The State OF Utah
  539 F.2d 1266· 10th Cir.· 1976-07-29 ·cited 5×
  The court held that the State of Utah did not waive its Eleventh Amendment immunity by regulating industrial loan companies, as there was no clear congressional intent to subject states to suit in federal court for such regulatory functions. Consequently, the action against the s
• Capfa Cap. Corp. 2000A v. Donegan
  929 So. 2d 569· Fla. 5th DCA· 2006-04-13 ·cited 4×
  CAPFA Capital Corp. 2000A, a Moore Haven municipal instrumentality, sought an ad valorem tax exemption for an apartment complex it owned in Orange County. The court affirmed the denial of the exemption, holding that student housing at market rates does not constitute a "municipal
• Metcalf & Eddy, Inc. v. Puerto RICO Aqueduct & Sewer Auth.
  991 F.2d 935· 1st Cir.· 1993-05-03 ·cited 4×
  The Puerto Rico Aqueduct and Sewer Authority (PRASA) is not an arm of the state and therefore does not possess Eleventh Amendment immunity from suit in federal court.
• Royal Caribbean Corp. & Caribbean Cruise Line, Ltd. v. Puerto RICO Ports Auth.
  973 F.2d 8· 1st Cir.· 1992-08-19 ·cited 4×
  The Puerto Rico Ports Authority does not enjoy Eleventh Amendment immunity when operating and maintaining its docks because its activities are proprietary, not governmental, and it functions with significant autonomy.
• Gerard v. Dep't OF Transp.
  455 So. 2d 500· Fla. 1st DCA· 1984-08-15 ·cited 4×
  The $100,000 statutory limitation on governmental tort liability under Fla. Stat. § 768.28(5) applies as a cumulative per-incident cap to all governmental entities regardless of source of payment, including insurance proceeds, and an action cannot proceed solely to establish an e
• Tompkins v. The City OF EL Paso
  449 F.2d 842· 5th Cir.· 1971-09-29 ·cited 4×
  A sidewalk adjacent to an airport parking lot, used for pedestrian accommodation, is considered appurtenant to the airport facility, and thus falls under sovereign immunity protection in Texas.
• OLD Colony Tr. Co. Under the Will of Charlotte E. Sills v. United States
  438 F.2d 684· 1st Cir.· 1971-01-12 ·cited 4×
  A bequest to a foreign public hospital, organized and operated exclusively for charitable purposes, qualifies for an estate tax deduction under section 2055(a)(2) of the Internal Revenue Code, even if it has some governmental connections.
• Anceimo Moreno v. Aldrich
  113 So. 2d 406· Fla. 2d DCA· 1959-06-19 ·cited 4×
  The Game and Fresh Water Fish Commission appealed a judgment awarding plaintiff Moreno $22,500 for personal injuries from a motor vehicle accident, arguing that Florida Statute § 455.06 limited its liability to its insurance policy limit of $10,000. The court affirmed the trial c
• Gilbertson v. City OF Fairbanks
  262 F.2d 734· 9th Cir.· 1959-01-12 ·cited 4×
  A municipality operating an electric utility is immune from suit for negligence when its electricity is used to power fire pumps, as this activity is considered part of the governmental function of fire fighting.
• Jacksonville Mar. Ass'n, Inc. v. City of Jacksonville
  551 F. Supp. 1130· M.D. Fla.· 1982-12-10 ·cited 3×
  The court held that the doctrine of primary jurisdiction applies, requiring the parties to first present their claims regarding the reasonableness and discriminatory scope of the user fee to the Federal Maritime Commission before the court will rule on the constitutional challeng
• In re Advisory Opinion to the Governor
  153 Fla. 650· Fla.· 1943-11-09 ·cited 3×
  A trustee of the Jacksonville Free Public Library is not considered an 'officer' or 'employee' under the Civil Service Board Act, and thus is eligible for appointment to the board.
• Dant v. Dist. OF Columbia
  829 F.2d 69· D.C. Cir.· 1987-09-11 ·cited 2×
  Congress, by approving the WMATA Compact, foreclosed judicial remedies against WMATA for torts committed in its police functions, but not for negligent operation/maintenance or abuse of process. Arresting officers are immune if probable cause exists, and prosecutors have absolute
• Boyd v. Gulfport Mun. Separate Sch. Dist.
  821 F.2d 308· 5th Cir.· 1987-07-15 ·cited 2×
  The court held that the school district was entitled to sovereign immunity as a matter of law at the time of the plaintiff's injury.
• Telford v. Clackamas Cnty. Hous. Auth.
  710 F.2d 567· 9th Cir.· 1983-07-14 ·cited 2×
  A public employee's contract for proprietary functions is not void if it extends beyond the term of the contracting public body, provided it is reasonable and made in good faith.
• Anderson v. Jackson Mun. Airport Auth.
  691 F.2d 742· 5th Cir.· 1982-11-15 ·cited 2×
  The court held that the legislature's declaration of airport operations as governmental functions is binding and grants immunity from tort liability, and that statutory amendments are prospective unless clearly stated otherwise.
• Clayton v. City OF Cape Canaveral
  354 So. 2d 147· Fla. 4th DCA· 1978-01-31 ·cited 2×
  The Florida District Court of Appeal reversed its prior decision and held that municipalities are liable for malicious prosecution under the doctrine of respondeat superior when such intentional torts are committed by employees acting within the scope of their employment and agai
• Rajchl v. City OF Miami
  353 So. 2d 630· Fla. 3d DCA· 1977-12-20 ·cited 2×
  The estate of a deceased motorist sued the City of Miami, alleging that the city's negligent failure to correct or warn of a twisted stop sign caused a fatal accident. The trial court dismissed the complaint, and the appellate court affirmed, holding that Florida law does not per
• Garland v. Ry. Express Agency, Inc.
  237 So. 2d 787· Fla. 1st DCA· 1970-07-23 ·cited 2×
  Actions against a municipal corporation must be brought in the county where the municipality is situated unless a statute expressly authorizes suit elsewhere, regardless of whether the municipality was acting in a proprietary capacity outside its county.
• Valdez v. State Rd. Dep't
  189 So. 2d 823· Fla. 2d DCA· 1966-09-09 ·cited 2×
  A prisoner cannot maintain a tort action against the State of Florida for injuries caused by a state-owned motor vehicle, even if insured, in the absence of a specific statute authorizing such a suit.
• Kirchner v. The Kan. Tpk. Auth.
  336 F.2d 222· 10th Cir.· 1964-09-11 ·cited 2×
  A contract for a fixed term with a public instrumentality is valid even if it extends beyond the terms of the current board members, provided the contract is reasonable and not contrary to public policy.
• United States v. Wash. Toll Bridge Auth.
  307 F.2d 330· 9th Cir.· 1962-07-31 ·cited 2×
• Harrison v. City OF Pontiac
  285 F.2d 305· 6th Cir.· 1961-01-18 ·cited 2×
  A municipality operating a hospital as a governmental function is immune from liability for negligence, even if it carries liability insurance.
• City of Lubbock v. Green
  201 F.2d 146· 5th Cir.· 1953-01-14 ·cited 2×
  The court held that the city was estopped from asserting the 30-day notice requirement due to the actions of its attorney, and that a prior statute did not shield the city from liability.
• Pavelka v. Carter
  996 F.2d 645· 4th Cir.· 1993-06-09
  The court held that governmental immunity does not bar recovery against the County for amounts exceeding the statutorily required security, and the bus driver is not immune from suit.
• Joske Corp. v. Kirkwood Sch. Dist. R-7
  903 F.2d 1199· 8th Cir.· 1990-05-21
• NF Indus., Inc. v. Export-Import Bank OF the United States
  846 F.2d 998· 5th Cir.· 1988-05-27
  The court held that FCIA failed to make a substantial showing of a claim to absolute official immunity, thus the appellate court lacked jurisdiction to hear the interlocutory appeal.
• R. S. Mikesell Assocs. v. Grand River DAM Auth.
  627 F.2d 211· 10th Cir.· 1980-07-15
  The court should affirm the trial court's decision regarding the 1966 contract, as it likely violates public policy due to its indefinite or excessively long duration.
• Breiner v. C & P Home Builders, Inc.
  536 F.2d 27· 3d Cir.· 1976-05-28
  A municipality and its engineers are not liable for increased surface water runoff onto adjacent land caused by a development if they owed no legal duty to the affected landowners outside their jurisdiction. However, a developer can be held liable for negligence or intentional di
• Benitez v. Dade Cnty.
  21 Fla. Supp. 82· Dade Cty. Cir. Ct.· 1962-03-28
  The court held that summary judgment for the defendant was proper because the plaintiffs failed to provide adequate notice of their claim and did not present evidence of negligence regarding the escalator's speed.
• Fernandez v. Flint Bd. OF Educ.
  283 F.2d 906· 6th Cir.· 1960-10-31
  The court held that the Michigan Workmen's Compensation Act provides the exclusive remedy against an employer for accidental death occurring in the course of employment, and a governmental agency performing a governmental function is not liable for the death of an independent con
• City OF Lake Worth v. State
  111 So. 2d 433· Fla.· 1959-04-29
  An ordinance authorizing a major utility system improvement and incurring substantial long-term indebtedness constitutes a measure of permanent and general character requiring submission to the electorate under referendum provisions in the city charter, not merely an administrati
• Hitchings v. Albemarle Hosp.
  220 F.2d 716· 4th Cir.· 1955-04-07
  A hospital operated by a municipality through a corporate agency is immune from liability for negligence if it is performing a governmental function.
• Clain v. City of Burlington
  202 F.2d 532· 2d Cir.· 1953-02-06
  The court held that the city's actions in lighting a street obstruction were governmental functions, thus protected by sovereign immunity.
• THE City OF Miami v. Greater Miami Port Auth.
  155 Fla. 831· Fla.· 1945-05-01
  The Florida Supreme Court held that employees of the Greater Miami Port Authority, a statutory board created to manage City of Miami properties, are not subject to the City's civil service laws. The Port Authority has exclusive power over employment decisions, including hiring, q
• City of Jacksonville v. May
  140 Fla. 826· Fla.· 1939-12-05
  The Florida Supreme Court reversed an injunction preventing Jacksonville from issuing $5,000 in revenue certificates for incinerator repairs. The Court held that certificates payable solely from net revenues of the city's proprietary Salvage Department (which sold reclaimed mater