HESS BY & THROUGH HESS v. METRO. DADE COUNTY

No. 64586.

467 So.2d 297 (1985)

Michele HESS, a Minor, By and Through Her Parents and Next Friends, Don Hess and Connie Tippett; and Don Hess and Connie Tippett, Individually, Petitioners, v. METROPOLITAN DADE COUNTY, Respondent.

Supreme Court of Florida.

April 4, 1985.


Attorney(s) appearing for the Case

Julian Clarkson and Richard Nichols of Holland and Knight, Tallahassee, for petitioners.

Robert A. Ginsburg, County Atty. and James A. Jurkowski, Asst. County Atty., Miami, for respondent.

Fletcher N. Baldwin, Jr., University of Florida, Gainesville, Mary Friedman, Miami, and Arthur I. Jacobs, Fernandina Beach, amicus curiae for Dade County Trial Lawyers Association.


ALDERMAN, Justice.

We review the decision of the District Court of Appeal, Third District, in Hess v. Metropolitan Dade County, 447 So.2d 267 (Fla. 3d DCA 1983), which expressly and directly conflicts with Fine v. Firestone, 448 So.2d 984 (Fla. 1984).

The Third District held that it was precluded from issuing a writ of mandamus in this case. When it made this decision, it...

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