Legal Opinion
Brooks v. City of Miami
District Court of Appeal of Florida
Decided March 10, 1964No. 63-396PublishedCited by 6 opinions
1Opinion of the Court
TILLMAN PEARSON, Judge.
This appeal concerns itself with the question of whether the plaintiff is barred from prosecuting her claim against the City of Miami because of her failure to give notice as provided by the City Charter. We hold that the City is estopped, under the circumstances in this case, to assert the defense.
The plaintiff claimed that she was injured by falling into a water-meter hole which was alleged to have been negligently left uncovered. She filed her complaint in which she alleged that she had served written notice of her claim upon the City Attorney of the City of Miami.…
2Cases cited8 opinions
- Crumbley v. City of JacksonvilleSupreme Court of Florida · 1931
- Tillman v. City of Pompano BeachSupreme Court of Florida · 1957
- Guaranty Life Insurance v. Hall Brothers Press, Inc.Supreme Court of Florida · 1939
- City of Sarasota v. ColbertDistrict Court of Appeal of Florida · 1957
- Town of Mount Dora v. GreenSupreme Court of Florida · 1934
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3Cited by6 opinions
- Rabinowitz v. Town of Bay Harbor IslandsSupreme Court of Florida · 1965
- City of Jacksonville v. HinsonDistrict Court of Appeal of Florida · 1967
- Rabinowitz v. Town of Bay Harbor IslandsDistrict Court of Appeal of Florida · 1964
- Robinson v. City of MiamiDistrict Court of Appeal of Florida · 1965
- Carpenter v. City of St. PetersburgDistrict Court of Appeal of Florida · 1964
1 more not listed; retrieve them via the Exa API.