Legal Opinion · Dissent

Luke v. City of St. Petersburg

Supreme Court of Florida

Decided November 21, 1958Published

1DissentO’Connell, Justice

I regret that I cannot agree with the majority.

The sole question presented on this appeal is whether a "notice” statute, i.e. a statute which requires one who would sue a city in tort to give the city written notice of the accident, and details surrounding it, within 60 days after the accident, deals with the “government” or “jurisdiction and powers” of a municipality. If the answer is in the affirmative then the majority opinion and the trial court are correct. If the answer is in the negative, as I believe it should be, then the special act involved herein which required notice be given the…

2Cases cited13 opinions

  1. State Ex Rel. Attorney General v. City of Avon ParkSupreme Court of Florida · 1933
  2. State Ex Rel. Gray v. StoutamireSupreme Court of Florida · 1938
  3. State ex rel. McQuaid v. County CommissionersSupreme Court of Florida · 1887
  4. Crumbley v. City of JacksonvilleSupreme Court of Florida · 1931
  5. Middleton v. City of St. AugustineSupreme Court of Florida · 1900

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