Florida Department of Transportation v. McFadden

Because Lake County v. Friedel, 387 So.2d 514 (Fla. 5th DCA 1980), is a decision of this court and clearly controls the result here, I am obligated to concur in the conclusion reached by the majority. However, because I believe that Friedel’s reliance on Carlile v. Game and Fresh Water Commission, 354 So.2d 362 (Fla.1977), is misplaced and that its result is therefore incorrect, I would dissent were I free to do so.

Carlile reiterates the common-law privilege of the State or one of its agencies to be sued in the county of its principal headquarters, absent waiver or exception. In Car-lile, the…