Florida/Georgia Personal Injury & Workers Compensation

...Fink was entitled to absolute immunity, or alternatively, qualified immunity. The defendant judges moved to dismiss the claims against them 2 Because the Support Division is a division of Broward County, we treat the claim against it as a claim against the County. See Fla.Stat.Ann. § 125.15 (West 1988 & Supp.1996); Dean v....

...immunity from liability for tort. We have specifically so held with reference to counties. Section 125.01, Florida Statutes, F.S.A., provides that county commissioners shall represent the county "in the prosecution and defense of all legal causes". Section 125.15, Florida Statutes, F.S.A., provides that "The county commissioners of the several counties shall sue and be sued in the name of the county of which they are commissioners." Despite this general language in the legislative statement of...

...immunity from liability for tort. We have specifically so held with reference to counties. Section 125.01, Florida Statutes, F.S.A., provides that county commissioners shall represent the county `in the prosecution and defense of all legal causes'. Section 125.15, Florida Statutes, F.S.A., provides that `The county commissioners of the several counties shall sue and be sued in the name of the county of which they are commissioners.' Despite this general language in the legislative statement of...

...Clarendon, and William Davenport (hereinafter "official defendants"), who contend that they are not appropriately named in the complaint. The first reason alleged for the dismissal of the County Commissioners (Defendants Glass, Chance, Chetlain, Snell, and Hooper) is based on Section 125.15, Florida Statutes. The commission defendants assert that Section 125.15 mandates that only the county may be sued in its own name and that any relief against the county will be binding on them as individuals. Section 125.15, Florida Statutes, states that the county commissioners shall: ......

...with the policies underlying federal action." Majette v. O'Connor, 811 F.2d 1416, 1418 (11th Cir.1987). Federal law in this instance is not incomplete on the subject of who may be sued under Section 1983. Even if it were incomplete, incorporation of Section 125.15, Florida Statutes, would be inconsistent with the policies underlying federal action on Section 1983 and Title VII claims. Defendant's motion to dismiss based on Section *1496 125.15, Florida Statutes is without merit....

...The Board has five Commissioners, each of whom represents, and is elected by, voters residing in one of five numbered single-member districts that make up the County. (Id. ¶8). Pursuant to a state statute, “[t]he county commissioners shall sue and be sued in the name of the County.” (Id. ¶ 9; § 125.15, Fla....

...We believe, however, that the weight of authority both in Florida and in the other jurisdictions of the United States would require our holding that a contract action would be allowable. In any event, as our holding is based on another ground, we need not reach this specific issue. . Section 125.15, Fla.Stat....

...hat the county may be sued in this case. Appellees place great reliance upon Spangler v, Florida State Turnpike Authority, 106 So.2d 421 (Fla. 1958) in arguing that the county is immune from suit. In Spangler the supreme court held with reference to § 125.15 that: Despite this general language in the legislative statement of the powers of the counties, we have held throughout the years that a county which is a division of the State shares in the State’s immunity from liability in tort actions. 106 So.2d at 423 . Although we regard Span-gler as narrowly circumscribed, we point out that, in any event, we do not rely upon § 125.15 as authority for waiver herein. We certainly agree that § 125.15 alone does not constitute a general waiver of sovereign immunity.

...oceeding. Therefore the cause is remanded for the entry of an amended order of dismissal in accord with this opinion. Affirmed in part and reversed in part and remanded. HORTON, C. J., and PEARSON, J., and DREW, E. HARRIS, Associate Judge, concur. . Section 125.15, Fla.Stat., F.S.A....

...74-382, § 36, contained a savings clause providing that any action which would be barred when the act became effective could be commenced before January 1, 1976 and still be maintained. The Board therefore argues that since its action was brought on December 31, 1975, there is no bar. The Lindsleys respond that Section 125.15, Florida Statutes (1975), which states that “The county commissioners shall sue and be sued in the name of the county of which they are commissioners ....

...Obviously if the Board is given authority to operate and maintain a county public hospital, it necessarily must also have the requisite authority to bring suit on behalf of the county when necessary in order to carry on the effective operation of the hospital. Another distinction should be mentioned. Section 125.15 should be read in pari materia with Section 125.01(1)(b), Florida Statutes (1975)....

...at 3.) The capacity of a party to sue or be sued is governed by state law. Fed. R. Civ. P. 17(b) ; see also Dean v. Barber , 951 F.2d 1210 , 1214-15 & n.4 (11th Cir. 1992). Under Florida law, "[t]he county commissioners shall sue and be sued in the name of the county of which they are commissioners." Fla. Stat. § 125.15 ....

...is a subordinate municipal department that cannot be sued"); Erickson v. Bd. of Cty. Comm'rs of Sarasota Cty. , 212 So.2d 340 , 340-41 (Fla. Dist. Ct. App. 1968) (reversing judgment in favor of board of county commissioners because, under Fla. Stat. § 125.15 , the suit was brought against the wrong party)....

regulations of the municipality pursuant to section 125.015, Florida Statutes? In sum: A county-owned airport

...l have the power to carry on county government. . . ." Pursuant to section 125.01 (3)(a), Florida Statutes, the county commission is empowered to enter into contractual obligations to carry out any of its enumerated or implied powers. Finally, under section 125.15 , Florida Statutes, the county commissioners must sue and be sued in the name of the county of which they are commissioners....

...unty’s property could be statutorily exempt from taxation as that was not a basis for the trial court’s order, nor did the district court pass upon this question. -6- (g)-(i), (o), (t), (w), (bb), Fla. Stat.; § 125.15, Fla....

municipal jurisdiction in this case is governed by Section 125.-015, Florida Statutes, 1977 (Section 4, Chapter

...The complaint, motion, and judgments in issue are styled “Board of County Commissioners of Sarasota County, Florida, plaintiff, vs. Ralph A. Erickson, defendant.” On appeal, appellant contends that the judgments complained of must be reversed since the suit was not brought in the name of Sarasota County. Florida Statute Section 125.15, F.S.A., provides “The county commissioners shall sue and be sued in the name of the county of which they are commissioners....

...* * * ” Admittedly, in the instant cause suit was brought in the name of the Board of County Commissioners and not, as in Ricker, as individuals comprising the Board of Commissioners. However, we believe this distinction is without import, and under the authority of Section 125.15 and Ricker we believe the judgments complained of must be reversed....

the trial court and relied upon by Hertz, section 125.015, Florida Statutes (1985), provides: Any county

...at of criminal prosecution . . . and is entitled to have such doubt removed." Strickland attached to his complaint the two letters that he had received from the County. The first letter—a "NOTIFICATION OF DANGEROUS entity. See § 125.15, Fla....