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COUSINO v. STATE, DHRS

Nos. 86-1201, 86-1210, 86-1211 and 86-1603.

529 So.2d 302 (1988)

Jonathan COUSINO, et al.; Ashley Perez, et al.; Tiffany Leigh Landis, et al.; Brooke Toby, et al., Appellants, v. STATE of Florida, DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES and State of Florida, Department of Corrections, Appellees.

District Court of Appeal of Florida, Third District.

June 28, 1988.

Attorney(s) appearing for the Case

Philip M. Gerson and Edward S. Schwartz; Daniels & Hicks and Patrice A. Talisman, Adams, Hunter, Angones, Adams, Adams & McClure, Miami, for appellants.

Broad & Cassel and Gary Brookmyer, Miami, for appellees.

Before HUBBART and NESBITT and JORGENSON, JJ.

PER CURIAM.

The final summary judgment under review is reversed, and the cause is remanded to the trial court for further proceedings upon a holding that the instant negligence action against the Department of Health and Rehabilitative Services (1) is not barred by the doctrine of sovereign immunity, and (2) is not barred by Section 415.511, Florida Statutes (1983) (formerly Section 827.07(7), Florida Statutes (1979)). We...

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