Hines v. Columbia Livestock Market of Lake City, Inc.

WENTWORTH, Judge.

Appellant seeks review of an order granting summary judgment in favor of the State of Florida Department of Agriculture and Consumer Services. We find that the court below erred in determining that the doctrine of sovereign immunity precludes any recovery upon the allegations of appellant’s complaint. We therefore reverse the order appealed.

Appellant filed a complaint against the Columbia Livestock Market alleging that he had delivered cattle for sale which were then tested for brucellosis. The complaint alleged that the test indicated positive, causing the delivered cattle…