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BUTLER v. SARASOTA COUNTY

No. 67869.

501 So.2d 579 (1986)

Margaret E. BUTLER, Etc., Petitioner, v. SARASOTA COUNTY, Florida, Etc., Respondent.

Supreme Court of Florida.

Rehearing Denied February 17, 1987.

Attorney(s) appearing for the Case

Robert Jackson McGill of the Law Office of Robert Jackson McGill, P.A., Venice, and John P. Graves, Jr., Chartered, Sarasota, for petitioner.

Robert C. Widman and Nelson Hesse Cryil Smith of Widman & Herb, Sarasota, for respondent.

Jim Smith, Atty. Gen. and Pamela Lutton-Shields, Asst. Atty. Gen., Tallahassee, for The Atty. Gen., amicus curiae.

Alan S. Zimmet, Asst. County Atty., Clearwater, for the City of Clearwater, amicus curiae.

PER CURIAM.

We review Sarasota County v. Butler, 476 So.2d 216 (Fla. 2d DCA 1985), because of direct and express conflict with Avallone v. Board of County Commissioners, 493 So.2d 1002 (Fla. 1986). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const.

The district court below held that respondent possessed sovereign immunity in the operation of a swimming facility.

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