Ritts v. State, 491 So. 2d 1252 (Fla. 3d DCA 1986). · Go Syfert
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Ritts v. State, 491 So. 2d 1252 (Fla. 3d DCA 1986). Cases Citing This Book View Copy Cite
“sovereign immunity relates to subject matter jurisdiction. parties may not confer subject matter jurisdiction by waiver, failure to object, or consent where none is given by law. governmental immunity may be raised at any time.”
49 citation events (15 in the last 25 years) across 4 distinct courts.
Treatment trajectory · 1986 → 2026 · click a year to view as-of
1986 2006 2026
Top citers, strongest first. 15 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) MIAMI-DADE COUNTY v. ODALYS FORTES, etc.
Fla. Dist. Ct. App. · 2023 · quote attribution · 1 verbatim quote · confidence high
a governmental entity is not immune from liability where, as in the instant case, a member of its police force fails to use reasonable care in the performance of an operational level function.
examined Cited as authority (quoted) Miami-Dade County v. Dr. David Fintan Garavan
Fla. Dist. Ct. App. · 2026 · quote attribution · 1 verbatim quote · confidence low
sovereign immunity relates to subject matter jurisdiction. parties may not confer subject matter jurisdiction by waiver, failure to object, or consent where none is given by law. governmental immunity may be raised at any time.
discussed Cited as authority (rule) Miami-Dade County v. Odalys Fortes, Etc.
Fla. Dist. Ct. App. · 2025 · confidence medium
The premise underlying this theory is that a police officer’s decision to assume control over a particular situation or individual or group of individuals is accompanied by a corresponding duty to exercise reasonable care.” (citations omitted)); State, Dep’t of Highway Safety & Motor Vehicles, Div. of Highway Patrol v. Kropff, 491 So. 2d 1252, 1255 (Fla. 3d DCA 1986) (finding “[o]nce [an officer] undertook to secure the site of the initial accident, he was required to do so with reasonable care”); Wallace v. Dean, 3 So. 3d 1035, 1052 (Fla. 2009) (concluding undertaker’s doctrine wa…
examined Cited as authority (rule) Wallace v. Dean (6×) also: Cited "see", Cited "see, e.g."
Fla. · 2009 · confidence medium
Servs. v. Yamuni, 529 So.2d 258 , 262 n. 3 (Fla.1988) ("[T]he voluntary assumption of responsibilities which might be undertaken by others creates a duty of care on the part of the assuming party." (emphasis supplied)) (decision involved state supervision and care of children); Avallone v. Bd. of County Comm'rs, 493 So.2d 1002, 1005 (Fla. 1986) (having undertaken to operate a swimming facility, the government has a duty to do so in a reasonable manner); Commercial Carrier Corp. v. Indian River County, 371 So.2d 1010, 1017 (Fla.1979) ("[I]t is hornbook tort law that one who undertakes to warn t…
discussed Cited as authority (rule) In Re Sabin Oral Polio Vaccine Products Liability Litigation
D. Maryland · 1991 · confidence medium
Greiner Co., Inc., 282 Md. 50, 72 , 382 A.2d 1069, 1081 (1978) (Levine, J., concurring); 6 State Dep’t of Highway Safety & Motor Vehicles v. Kropff 491 So.2d 1252, 1255 (Fla.Dist.Ct.App.1986); Barfield ex rel.
discussed Cited as authority (rule) Howlett Ex Rel. Howlett v. Rose
SCOTUS · 1990 · confidence medium
Since the enactment of the statute, several courts have held that sovereign immunity is jurisdictional, see, e. g., Kaisner v. Kolb, 509 So. 2d 1213, 1215, n. 2 (App. 2d Dist. 1987), rev’d on other grounds, 543 So. 2d 732 (1989); Sebring Utilities Comm’n v. Sicher, 509 So. 2d 968, 969 (App. 2d Dist. 1987); State Dept. of Highway Safety and Motor Vehicles v. Kropff, 491 So. 2d 1252, 1254, n. 1 (App. 3d Dist. 1986), but at least one court has come to the opposite conclusion, see Hutchins v. Mills, 363 So. 2d 818, 821 (App. 1st Dist. 1978); see also Penthouse, Inc. v. Saba, 399 So. 2d 456, 45…
cited Cited "see" Angel Tomas v. Dmitry Sandler, DPM
Fla. Dist. Ct. App. · 2025 · signal: see · confidence high
See State, Dep’t of Highway Safety & Motor Vehicles, Div. of Highway Patrol v. Kropff, 491 So. 2d 1252 , 1254 n.1 (Fla. 3d DCA 1986).
discussed Cited "see" Kaisner v. Kolb
Fla. Dist. Ct. App. · 1987 · signal: accord · confidence high
Accord, State of Florida, Department of Highway Safety & Motor Vehicles, Division of Highway Patrol v. Kropff, 491 So.2d 1252 , 1254 n. 1 (Fla. 3d DCA 1986) (we distinguish Kropff on other factors infra ); see also Chester v. Metropolitan Dade County, 493 So.2d 1119 (Fla. 3d DCA 1986). [3] In Reddish , the supreme court used an operational-planning analysis to conclude that a decision to transfer a prisoner to a minimum security facility was "an inherent governmental function not arising out of an activity normally engaged in by private persons.
discussed Cited "see, e.g." Miami-Dade County v. Fente
Fla. Dist. Ct. App. · 2007 · signal: see, e.g. · confidence medium
See, e.g., Dep't of Highway Safety & Motor Vehicles v. Kropff, 491 So.2d 1252, 1255-56 (Fla. 3d DCA 1986) (officer who takes control of an accident scene owes a special duty of care to those injured as a consequence of the officer's negligent control of the scene); see also Brown v. Miami-Dade County, 837 So.2d 414, 418 (Fla. 3d DCA 2001) (officer owed a duty to a startled bystander injured when the officer pointed a gun at the bystander and ordered him to "freeze" during a sting operation in a hotel).
discussed Cited "see, e.g." Parrotino v. City of Jacksonville
Fla. Dist. Ct. App. · 1992 · signal: see, e.g. · confidence low
See, e.g., State, Dept. of Highway Safety & Motor Vehicles v. Kropff 491 So.2d 1252 (Fla. 3d DCA 1986); Blackmon v. Nelson, Hesse, Cyril, Weber & Sparrow, 419 So.2d 405 (Fla. 2d DCA 1982); Padgett v. School Bd. of Escambia County, 395 So.2d 584 (Fla. 1st DCA 1981); and Sheridan v. Greenberg, 391 So.2d 234 (Fla. 3d DCA 1981).
discussed Cited "see, e.g." Tipton v. Bergrohr Gmbh-Siegen
unknown court · 1992 · signal: see also · confidence medium
Restatement (Second) of Torts § 324A (1965); see also State of Florida, Depart. of Highway Safety v. Kropff, 491 So.2d 1252, 1255 (Fla.App. 3 Dist.1986) (listing Florida cases adopting section 324A of the Restatement).
discussed Cited "see, e.g." Tipton v. Bergrohr GMBH-Siegen
unknown court · 1992 · signal: see also · confidence medium
Restatement (Second) of Torts § 324A (1965); see also State of Florida, Depart. of Highway Safety v. Kropff, 491 So.2d 1252, 1255 (Fla.App. 3 Dist.1986) (listing Florida cases adopting section 324A of the Restatement).
discussed Cited "see, e.g." Novo v. City of South Miami
Fla. Dist. Ct. App. · 1988 · signal: compare · confidence low
Compare Wong v. City of Miami, 237 So.2d 132 (Fla.1970), Alderman v. Lamar, 493 So.2d 495 (Fla. 5th DCA 1986), rev. denied, 503 So.2d 326 (Fla. 1987) and Eder v. Dep’t of Highway Safety and Motor Vehicles, 463 So.2d 443 (Fla. 4th DCA 1985) with State, Dep’t of Highway Safety and Motor Vehicles v. Kropff 491 So.2d 1252 (Fla. 3d DCA 1986) and Weissberg v. City of Miami Beach, 383 So.2d 1158 (Fla. 3d DCA 1980).
discussed Cited "see, e.g." Ej Strickland v. Dept. of Agr.
Fla. Dist. Ct. App. · 1987 · signal: see also · confidence low
See also State, Dept. of Highway Safety and Motor Vehicles v. Kropff, 491 So.2d 1252 (Fla. 3d DCA 1986) (officer directing traffic at scene of accident liable for failure to exercise due care).
cited Cited "see, e.g." Byrd v. State
Fla. Dist. Ct. App. · 1987 · signal: see, e.g. · confidence low
See, e.g., Ritts v. State, 491 So.2d 1252 (Fla. 2d DCA 1986); Self v. State, 487 So.2d 391 (Fla. 1st DCA 1986); Parker v. State, 478 So.2d 823 (Fla. 2d DCA 1985).
Retrieving the full opinion text from the archive…
Terry L. RITTS, Appellant,
v.
STATE of Florida, Appellee.
85-2116.
District Court of Appeal of Florida, Third District.
Jul 25, 1986.
491 So. 2d 1252
Danahy.
Cited by 6 opinions  |  Published

James Marion Mooran, Public Defender, Bartow, and Allyn Giambalvo, Asst. Public Defender, Clearwater, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Gary O. Welch, Asst. Atty. Gen., Tampa, for appellee.

DANAHY, Chief Judge.

Terry Ritts was convicted of strong-arm robbery after snatching a purse from an elderly shopper in a shopping mall parking lot. We find no error in appellant's conviction. We do find, however, that a sentencing error was committed by including points for victim injury, resulting in an improper presumptive guidelines range. Accordingly, we reverse the sentence and remand for resentencing.

This court has held that the crime of robbery, defined in section 812.13, Florida Statutes (1985), does not include victim injury as an essential element. Parker v. State, 478 So.2d 823 (Fla. 2d DCA 1985); Hendry v. State, 460 So.2d 589 (Fla. 2d DCA 1984). Therefore, it was error to include twenty-one victim injury points on appellant's scoresheet. See Fla.R.Crim.P. 3.701(d)(7). This error was not harmless since it produced a higher presumptive range. We remand so the trial court may resentence Ritts utilizing the correct guidelines range. While we hold that points for victim injury should not have been included on the scoresheet, we note that victim injury may properly be used as a reason to depart from the guidelines. See Parker at 825 (citing Hendrix v. State, 475 So.2d 1218 (Fla. 1985)).

Conviction affirmed; sentence reversed and remanded.

SCHEB and HALL, JJ., concur.