City of North Bay Village v. Braelow

We initially accepted jurisdiction to review City of North Bay Village v. Braelow, 469 So.2d 869 (Fla. 3d DCA 1985), because of direct and express conflict with Rice v. Lee, 477 So.2d 1009 (Fla. 1st DCA 1985), review denied, 484 So.2d 9 (Fla.1986). Since accepting jurisdiction, we have issued Avallone v. Board of County Commissioners of Citrus County, 493 So.2d 1002 (Fla.1986), which also conflicts with the decision under review on another issue. We have jurisdiction. Art. V, § 3(b)(3), Fla.Const.

Respondent obtained judgment on a negligence action for $100,000 against petitioners City of…