Legal Opinion

Miami-Dade County v. Rodriguez

District Court of Appeal of Florida

Decided August 31, 2011No. 3D10-856PublishedCited by 9 opinions

1Opinion of the Court

WELLS, Judge.

We grant the instant petition requesting certiorari review of an order denying Miami-Dade County’s motion to dismiss on sovereign immunity grounds, and write to clarify this court’s jurisdiction to entertain such petitions.

The Duty-Sovereign Immunity Analysis

In Miami-Dade County v. Fente, 949 So.2d 1101 (Fla. 3d DCA 2007), this court granted relief on a petition for writ of certiorari to review an order denying dismissal of an action on sovereign immunity grounds. There, the plaintiffs claimed that they were damaged because of a negligent police investigation:

The Fentes’ single…

2Cases cited32 opinions

  1. Mitchell v. ForsythSupreme Court of the United States · 1985
  2. Cohens v. VirginiaSupreme Court of the United States · 1821
  3. Commercial Carrier Corp. v. Indian River Cty.Supreme Court of Florida · 1979
  4. Johnson v. State of CaliforniaCalifornia Supreme Court · 1968
  5. Trianon Park Condominium v. City of HialeahSupreme Court of Florida · 1985

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3Cited by9 opinions

  1. Citizens Property Insurance Corp. v. San Perdido Ass'nSupreme Court of Florida · 2012
  2. Rodriguez v. Miami-Dade CountySupreme Court of Florida · 2013
  3. Beach Community Bank v. City of Freeport, FloridaSupreme Court of Florida · 2014
  4. City of Freeport v. Beach Community BankDistrict Court of Appeal of Florida · 2013
  5. Public Health Trust of Miami-Dade County v. RolleDistrict Court of Appeal of Florida · 2011

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