COLLOM v. CITY OF ST. PETERSBURG

No. 80-997.

400 So.2d 507 (1981)

Bert H. COLLOM, As Personal Representative of the Estate of April Collom, Deceased, and the Estate of Judith Collom, Deceased, the Guardian of Shelley H. Collom, and for Himself Individually, Appellant, v. CITY OF ST. PETERSBURG, Florida, a Municipal Corporation and a Subdivision of the State of Florida, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied July 8, 1981.


Attorney(s) appearing for the Case

Donald Wm. Giffin of Donald Wm. Giffin, P.A., St. Petersburg, for appellant.

Michael S. Davis, Chief Asst. City Atty., St. Petersburg, for appellee.


OTT, Judge.

Before Florida expressly waived sovereign immunity by the enactment of section 768.28, Florida Statutes (1973), liability of governmental units was dependent upon whether a challenged activity was "governmental" or "proprietary." Naturally, claimants were prone to see everything as proprietary and, conversely, to the governments there was very little, if anything, that wasn't governmental.

After the doctrine of sovereign immunity was abolished...

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