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HILL v. DEPT. OF CORRECTIONS

No. 69016.

513 So.2d 129 (1987)

Jesse HILL, Petitioner, v. DEPARTMENT OF CORRECTIONS, STATE OF FLORIDA, Respondent.

Supreme Court of Florida.

September 24, 1987.

Attorney(s) appearing for the Case

Gregg J. Ormond of Lisk & Ormond, P.A., and Haggard & Kirkland, P.A., Coral Gables, for petitioner.

Robert A. Butterworth, Atty. Gen., and Thomas H. Bateman, III, Sp. Asst. Atty. Gen., Tallahassee, and Charles F. Mills, Dept. of Corrections, South Miami, for respondent.

OVERTON, Justice.

This is a petition to review a decision of the Third District Court of Appeal reported as Department of Corrections v. Hill, 490 So.2d 118 (Fla. 3d DCA 1986). The district court certified the following question as one of great public importance:

Has the State of Florida, pursuant to section 768.28, Florida Statutes (1983), waived its Eleventh Amendment and state common law immunity and consented...

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