Florida/Georgia Personal Injury & Workers Compensation

...[7] Suit for damage, an available alternative at the election of the owner for wrongs committed to property, is not a substitute for condemnation, which requires valuation by a 12-person jury without the monetary limitations imposed by Florida Statutes § 768.14 on suits for damages....

explaining why, was a purposeful violation of section 768.014, which could have influenced the jury. Because

...The failure of the Department of Insurance or the appropriate agency to make final disposition of a claim within 6 months after it is filed shall be deemed a final denial of the claim for purposes of this section. The provisions of this subsection shall not apply to such claims as may be asserted by counterclaim pursuant to § 768.14.

...Rather, Smith argues that Officer Alu has waived his sovereign immunity because he initiated a negligence suit for damages against Smith before Smith brought the present suits. She claims that Officer Alu waived his sovereign immunity, pursuant to Fla.Stat. § 768.14, which provides that "[s]uit by the state or any of its agencies or subdivisions to recover damages in tort shall constitute a waiver of sovereign immunity from liability and suit for damages in tort ..." Fla.Stat. § 768.14. However, this statute, on its face, clearly applies only to the state and its subdivisions. Smith has not established that, as a matter of law, Fla.Stat. § 768.14 applies to officers of the state and its subdivisions....

...e as required by section 768.28(6)(a), Florida Statutes (1983). Kruysman re *1009 sponds by referring to the last sentence of section 768.28(6)(a) which eliminates the requirement of filing a written claim in the case of a counterclaim authorized by section 768.14, Florida Statutes (1983). We find it unnecessary to decide whether suits by the state to which counterclaims may be filed under section 768.14 include an action for forfeiture because we hold that the state waived this defense by not having raised it until after the entry of the final judgment....

...disposition of a claim within six (6) months after it is filed shall be deemed a final denial of the claim for purposes of this section. The provisions of this subsection shall not apply to such claims as may be asserted by counterclaim pursuant to section 768.14, Florida Statutes.” In our recent opinion in Scavella v....

...See, e.g., Ch. 73-313, § 1, Laws of Fla. (1973) (currently § 768.28, Fla. Stat. (2011)) (general law waiving of sovereign immunity in tort for personal injury, wrongful death, and loss of property); Ch. 67-2204, § 1, Laws of Fla. (1967) (currently § 768.14, Fla....

...Levenshon also attached to the complaint an ad interim stipulation for value and costs based on the affidavit. Id. [1] *1350 On November 30, 2005, the same day Ms. Randall filed the answer and counterclaim against Mr. Levenshon seeking damages pursuant to the Florida Wrongful Death Act, Fla. Stat. § 768.14 et seq....