McGuckin v. Dade County
| Citation | 121 So.2d 63 |
| Decision Date | 02 June 1960 |
| Docket Number | No. 60-198,60-198 |
| Parties | Eugene McGUCKIN, father of Dennis McGuckin, deceased, Plaintiff, v. DADE COUNTY, a political subdivision of the State of Florida, et al., Defendants. |
| Court | Court of Appeal of Florida (US) |
Headley & Sudduth and Pruitt & Pruitt, Miami, for plaintiff.
Darrey A. Davis, County Atty., and St. Julien P. Rosemond, Asst. County Atty., Miami, for defendants.
There has been certified to this court by the Circuit Court of Dade County, Florida, for determination, pursuant to Rule 4.6, Florida Appellate Rules, 31 F.S.A., the following question:
'May Dade County, a political subdivision of the State of Florida, be sued in tort for alleged negligence in maintaining one of its rights-of-way pursuant to Section 8.03 of its Charter, which, inter alia, provides:
,
in spite of Section 22, Article III of the Florida Constitution, which states:
"Suits against state.--Provision may be made by general law for bringing suit against the State as to all liabilities now existing or hereafter originating.',
if the County does not carry insurance covering such alleged liability and its immunity has not been waived by a general act of the Florida legislature.'
The circuit court has the power to adjudicate the question, the decision upon which may be reviewed by direct appeal to the Supreme Court of Florida as a matter of right under Section 4(2) of Article V of the Constitution of Florida, F.S.A. See Chapman v. Slaff, Fla.App.1958, 101 So.2d 413, and City of Hollywood v. Peck, Fla. 1952, 57 So.2d 842. Therefore, we decline to answer the question as being one that is not within the rule enunciated in Schwob Co. of Fla. v. Florida Industrial Commission, 152 Fla. 203, 11 So.2d 782, and similar cases.
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Jaworski v. City of Opa-Locka
...for answer. Cf., Davies v. Davies, 113 So.2d 250; Clar v. Dade County, 116 So.2d 34; In re Aron's Estate, 118 So.2d 546; McGuckin et al. v. Dade County, 121 So.2d 63. In McGuckin the District Court of Appeal declined to answer the certified question because it presented a proposition which ......
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Wallace v. Cochran
...Court of Florida and not to a district court of appeal. Jaworski v. City of Opa Locka, 149 So.2d 33, 35 (Fla.1963); McGuckin v. Dade County, 121 So.2d 63 (Fla.3d DCA 1960). We do not have jurisdiction to consider the certified questions in this case because they involve in part a constructi......