STATE v. BARNETT

No. 4D17-2840.

262 So.3d 750 (2018)

State of Florida, DEPARTMENT OF FINANCIAL SERVICES, Florida Department of Children and Families and City of Riviera Beach, a Florida Municipal Corporation, Appellants, v. Michael BARNETT, Individually, as Natural Father and Guardian of R.B., a Minor, and as the Personal Representative of the Estates of Daniel Barnett, Diane Barnett and Bryan Barnett, and Leroy Nelson, Jr., as Personal Representative of the Estate of Javon Xavier Nelson, a Minor, Appellees.

District Court of Appeal of Florida, Fourth District.

October 10, 2018.


Attorney(s) appearing for the Case

Sheridan Weissenborn of Dutton Law Group, P.A., Miami, for appellant Department of Financial Services.

H.T. Smith of the Law Offices of H.T. Smith, P.A., Coral Gables, and John W. McLuskey of McLuskey, McDonald & Hughes, P.A., Miami, for appellee Michael Barnett.

Vincent E. Miller of the Law Offices of Vincent E. Miller, P.A., Delray Beach, for appellee Leroy Nelson, Jr.


The issue presented in this case is one of first impression involving section 768.28(5), Florida Statutes (2010), waiver of sovereign immunity in tort actions. That statute limits to $200,000 the amount of liability of the state or its subdivisions for all claims or judgments "arising out of the same incident or occurrence."

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