SMITH v. DEPT. OF CORRECTIONS

No. AL-39.

432 So.2d 1338 (1983)

Charles W. SMITH and Emma L. Smith, His Wife, Appellants, v. DEPARTMENT OF CORRECTIONS OF the STATE of Florida; J.R. Reddish, Individually, Appellees.

District Court of Appeal of Florida, First District.

As Corrected on Denial of Rehearing June 17, 1983.


Attorney(s) appearing for the Case

Steven E. Rohan of Vickers & Rohan, P.A., Jacksonville, for appellants.

Richard L. Randle of Slater & Randle, P.A., Jacksonville, for appellees.


MILLS, Judge.

Smith appeals the dismissal with prejudice of his second amended complaint. We reverse.

Once again we are faced with the application of the operational/judgmental dichotomy announced in Commercial Carrier v. Indian River, 371 So.2d 1010 (Fla. 1979). The facts must be taken as alleged by Smith.

In February 1973, Prince was convicted of first degree murder and given a life sentence. His parole...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases