Legal Opinion

Chothen v. Department of Transportation

Circuit Court of the 11th Judicial Circuit of Florida, Miami-Dade County

Decided August 29, 1975No. 75-11298Published

1Opinion of the Court

ALAN R. SCHWARTZ, Circuit Judge.

The Department of Transportation has moved to dismiss this tort action brought, as against it, under F.S. §768.28, on the asserted ground that venue is improperly laid in Dade County where the accident occurred and where each “contact” with the cause of action asserted admittedly took place. The department contends that although its sovereign immunity from tort actions has been in effect obviated by F.S. §768.28, it nevertheless retains what it asserts to be its sovereign right to be sued only in the location of its official headquarters, Leon County. Without…

2Cases cited6 opinions

  1. Department of Revenue v. FIRST FED. SAV. & L. ASS'NDistrict Court of Appeal of Florida · 1971
  2. Henderson v. GaySupreme Court of Florida · 1950
  3. Dowdy v. LawtonSupreme Court of Florida · 1954
  4. State v. NegrinDistrict Court of Appeal of Florida · 1975
  5. Morris v. WilliamsDistrict Court of Appeal of Florida · 1967

1 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API