Bailey v. Board of County Commissioners

BLUE, Judge.

A. Donald Bailey, Raymond Bailey, and Vet’s Wholesale Nursery, Inc., (collectively Bailey) appeal the dismissal with prejudice of their complaint alleging negligence and trespass against the Board of County Commissioners, Hillsborough County, Florida (Hillsborough). Although we agree with the ruling dismissing the complaint, we conclude the trial court erred in dismissing with prejudice.

This court has recently decided a case involving a similar factual situation and the same defendant. See Nanz v. SWFMD and Hillsborough County, 617 So.2d 735 (2d DCA 1993). In Nanz, we reversed the…