Legal Opinion
State Department of Environmental Protection v. Garcia
District Court of Appeal of Florida
Decided August 3, 2011No. 3D10-1625PublishedCited by 18 opinions
1Opinion of the CourtLagoa, J.
The State of Florida Department of Environmental Protection (the “Department”) appeals from a declaratory judgment entered in favor of Juan Garcia, Jr., and his parents (collectively, the “Garcias”). Because we find that the trial court improperly exercised its declaratory judgment jurisdiction, we reverse.
I. FACTUAL HISTORY
A. Negligence Action Against the Department
On February 1, 1989, Juan Garcia, Jr. was rendered quadriplegic when he dove into the ocean along South Beach and struck his head on debris that had been left there after demolition of the South *542Beach pier. In a separate action,…
2Cases cited20 opinions
- May v. HolleySupreme Court of Florida · 1952
- Martinez v. ScanlanSupreme Court of Florida · 1991
- Cunningham v. Standard Guar. Ins. Co.Supreme Court of Florida · 1994
- Polk County v. SofkaSupreme Court of Florida · 1997
- Jetton v. Jacksonville Elec. Auth.District Court of Appeal of Florida · 1981
15 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Grove Isle Ass'n v. Grove Isle Associates, LLLPDistrict Court of Appeal of Florida · 2014
- Beaumont v. BANK OF NEW YORK MELLONDistrict Court of Appeal of Florida · 2012
- Miami-Dade County v. PozosDistrict Court of Appeal of Florida · 2017
- Ribaya v. The Board of Trustees of the City Pension Fund for Firefighters and Police Officers in the City of TampaDistrict Court of Appeal of Florida · 2015
- CK Regalia, LLC v. ThorntonDistrict Court of Appeal of Florida · 2015
13 more not listed; retrieve them via the Exa API.