Cousino v. State

Full title: JONATHAN COUSINO, ET AL.; ASHLEY PEREZ, ET AL.; TIFFANY LEIGH LANDIS, ET…

Court: District Court of Appeal of Florida, Third District

Date published: Jun 28, 1988

529 So. 2d 302 (Fla. Dist. Ct. App. 1988)

Opinion

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

June 28, 1988.

Appeals from the Circuit Court of Dade County; Gerald T. Wetherington, Judge.

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.

_ Judge Nesbitt participated in the decision, but did not hear oral argument.

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 reach this result based on the controlling and indistinguishable authority of State of Florida, Department of Health Rehabilitative Services v. Yamuni, 529 So.2d 258 (Fla. 1988).

Reversed and remanded.