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CITY OF JACKSONVILLE BEACH v. DUNCAN

No. XX-367.

392 So.2d 25 (1980)

CITY OF JACKSONVILLE BEACH, a Body Corporate and Politic, Petitioner, v. The Honorable Gordon A. DUNCAN, Jr., As Circuit Judge of the Fourth Judicial Circuit, in and for Duval County, Florida, Respondent.

District Court of Appeal of Florida, First District.

As Modified on Denial of Rehearing January 21, 1981.

Attorney(s) appearing for the Case

Stephen Stratford, of Arnold, Stratford & Booth, Jacksonville, for petitioner.

Angela B. Corey, of Howell & Howell, Jacksonville Beach, for respondent.

ON PETITION FOR WRIT OF PROHIBITION

BOOTH, Judge.

This cause is before us on petition for writ of prohibition to review the order of the circuit court denying a motion to dismiss the complaint in a tort action against the City of Jacksonville. Petitioner asserts that the circuit court exceeds its jurisdiction in entertaining the suit because the city is immune under the doctrine of soverign immunity, as most recently clarified by the Florida Supreme Court...

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