Florida Department of Transportation v. McFadden

The language from Carlile v. Game & Fresh Water Fish Commission, 354 So.2d 362 (Fla.1977), which we followed in our opinion in Lake County v. Friedel, 387 So.2d 514 (Fla. 5th DCA 1980), and more recently in Schultz v. Brevard County, et al., 431 So.2d 187 (Fla. 5th DCA 1983), is clear:. [I]n the absence of waiver on the part of a state agency of its right, and in the absence of action bringing it within the exceptions to the rule (the “sword-wielder” doctrine), an action brought against a state agency other than that of its official residence is subject to dismissal.

In the instant case, there…