protection of sovereign immunity (Florida) · Go Syfert
← Florida issues

protection of sovereign immunity in Florida

8 Florida opinions name it 4 courts 1989–2022 1 in the last five years

The cases below were cited by Florida courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (5)

CaseFollowedCited
City of Pinellas Park v. Browngreen
fla · 1992 · cited in 2 Florida opinions naming this issue, 2001–2011
2 sentences

2011Pinellas Park, 604 So.2d at 1227 (footnote omitted).

2001It is this choice between risks that is entitled to the protection of sovereign immunity in appropriate cases, because it involves what essentially is a discretionary act of executive decision making." Id. at 1227 .

12
Rabideau v. Stategreen
fla · 1982 · cited in 1 Florida opinions naming this issue, 2022–2022
1 sentence

2022See Rabideau v. State, 409 So. 2d 1045, 1046 (Fla. 1982); Garcia v. City of Hollywood, 966 So. 2d 5, 7 (Fla. 4th DCA 2007).

11
Garcia v. City of Hollywoodgreen
fladistctapp · 2007 · cited in 1 Florida opinions naming this issue, 2022–2022
1 sentence

2022See Rabideau v. State, 409 So. 2d 1045, 1046 (Fla. 1982); Garcia v. City of Hollywood, 966 So. 2d 5, 7 (Fla. 4th DCA 2007).

11
Gargiulo v. Ohargreen
va · 1990 · cited in 1 Florida opinions naming this issue, 2000–2000
1 sentence

2000According to the Court in Gargiulo v. Ohar, 239 Va. 209, 213 (1990), an intern in a state-funded research program was entitled to sovereign immunity, as “the student function is essential to achievement of the Commonwealth’s goal, one undertaken in the public interest, of training and maintaining a pool of specialists in a particular discipline.” Similarly, Judge Peatross in Booth v. Commonwealth, 30 Va. Cir. 359 (1993), held that two residents satisfied the first James factor as both were acting as students when a negligent act was committed.

11
Kaisner v. Kolbgreen
fla · 1989 · cited in 1 Florida opinions naming this issue, 1992–1992
1 sentence

1992Id. at 737 (exercises of executive power are sovereignly immune).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway.

Also cited on this issue (4)

CaseCitedYears
Booth v. Commonwealth neutral
vaccalbemarle · 1993
1 sentence

2000According to the Court in Gargiulo v. Ohar, 239 Va. 209, 213 (1990), an intern in a state-funded research program was entitled to sovereign immunity, as “the student function is essential to achievement of the Commonwealth’s goal, one undertaken in the public interest, of training and maintaining a pool of specialists in a particular discipline.” Similarly, Judge Peatross in Booth v. Commonwealth, 30 Va. Cir. 359 (1993), held that two residents satisfied the first James factor as both were acting as students when a negligent act was committed.

12000–2000
DISTRICT SCH. BD. OF LAKE CTY. v. Talmadge green
fla · 1980
1 sentence

1996Based upon this finding, he contends that pursuant to District School Board of Lake County v. Talmadge, 381 So.2d 698 (Fla.1980), Tucker may be held individually liable for violating article I, section 23 because she forfeited the protection of sovereign immunity when she unlawfully exercised her governmental power.

11996–1996
Collier v. Dade County neutral
fladistctapp · 1982
1 sentence

1990Collier v Dade County, 417 So.2d 695 (Fla. 3d DCA 1982).

11990–1990
Eldred v. North Broward Hosp. Dist. green
fla · 1986
1 sentence

1989I cannot help but wonder, however, if this Court may have been mistaken in Eldred v. North Broward Hospital District, 498 So.2d 911 (Fla. 1986), when we clothed hospitals and hospital districts within the protection of sovereign immunity.

11989–1989

Statutes the citing opinions construe

FL § 768.28 (4)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

VA 55 (1983–2026) GA 26 (1985–2023) NE 16 (2004–2024) KY 9 (1991–2026) MO 9 (1984–1997) CT 9 (1992–2021) FL 8 (1989–2022) NC 8 (1980–2022) TX 7 (1993–2021) PA 7 (1975–1998) OH 6 (1990–2018) MS 6 (1994–1998) MD 4 (1997–2026) CA 4 (2015–2015) IL 4 (1995–2025) CO 3 (1988–2022) AZ 3 (1977–2016) MN 2 (1995–1996) MA 2 (1992–2005) OK 2 (2014–2014) ND 2 (1983–1995) ID 2 (2006–2020) SD 2 (2026–2026) WA 2 (2006–2006) AL 2 (2001–2006)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

← Caselaw search · G Cite Topics · Brief Check