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DEPT. OF HEALTH REHAB. SERV. v. WHALEY

No. 73344.

574 So.2d 100 (1991)

DEPARTMENT OF HEALTH & REHABILITATIVE SERVICES, Petitioner, v. David WHALEY, Etc., Respondent.

Supreme Court of Florida.

Rehearing Denied February 20, 1991.

Attorney(s) appearing for the Case

Michael B. Davis of Davis, Hoy & Diamond, P.A., West Palm Beach, for petitioner.

Richard A. Kupfer of Wagner, Nugent, Johnson, Roth, Romano, Eriksen and Kupfer, P.A., and Babbitt and Hazouri, P.A., West Palm Beach, for respondent.

McDONALD, Justice.

In State Department of Health & Rehabilitative Services v. Whaley, 531 So.2d 723, 730 (Fla. 4th DCA 1988), the district court affirmed a judgment holding the Department of Health and Rehabilitative Services (HRS) liable for negligently assigning alleged juvenile delinquents to a holding cell and certified the following question as being of great public importance:

IS THE ASSIGNMENT OR PLACEMENT...

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