Legal Opinion

State of Florida, Department of Elder Affairs v. Clare Caldwell

District Court of Appeal of Florida

Decided September 8, 2016No. 1D15-5704PublishedCited by 8 opinions

1Per curiam

The State of Florida, Department of Elder Affairs (Department) asserts that the trial court erred in denying its motion for judgment on the pleadings upon finding that the Department was not entitled to sovereign immunity; as a matter of law, on Clare Caldwell’s claim against the Department pursuant to section 400.0083(3)(a), Florida Statutes (2011). We agree and reverse.

Caldwell was employed by the Department as the South Regional Ombudsman from March 2003 until her termination in September 2011. Duriiig her tenure, the United States Agency on Aging (AOA) initiated an investigation into the…

2Cases cited5 opinions

  1. Klonis v. State, Dept. of RevenueDistrict Court of Appeal of Florida · 2000
  2. Bifulco v. Patient Business & Financial Services, Inc.Supreme Court of Florida · 2010
  3. Caldwell v. Florida Department of Elder AffairsDistrict Court of Appeal of Florida · 2013
  4. Florida Department of Transportation v. Dorthy SchwefringhausSupreme Court of Florida · 2016
  5. Bradsheer v. Florida Department of Highway Safety & Motor VehiclesDistrict Court of Appeal of Florida · 2009

3Cited by8 opinions

  1. Christina Daly, in her official capacity as Secretary of the Florida Department of Juvenile Justice v. Polk County, Florida, and Seminole County, Florida, political subdivisions of the State of FloridaDistrict Court of Appeal of Florida · 2018
  2. Ioannis Zisis, Ph.D. v. Signal Safe, Inc., etc.District Court of Appeal of Florida · 2024
  3. Miami-Dade County v. Dr. David Fintan GaravanDistrict Court of Appeal of Florida · 2026
  4. Peter Irwin, Ph.D. v. Signal Safe, Inc., etc.District Court of Appeal of Florida · 2024
  5. School Board of Broward County, Florida v. State Farm Mutual Auto Insurance CompanyDistrict Court of Appeal of Florida · 2024

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