Mills v. City of Jacksonville

Full title: JOANN MILLS AND PHILLIP MILLS, HER HUSBAND, APPELLANTS, v. THE CITY OF…

Court: District Court of Appeal of Florida, First District

Date published: Aug 31, 1988

532 So. 2d 696 (Fla. Dist. Ct. App. 1988)

Opinion

No. 87-1614.

August 31, 1988.

An appeal from the Circuit Court for Duval County; Charles O. Mitchell, Judge.

J. Schuyler Fagan and L. Jack Gibney, Jacksonville, for appellants.

James L. Harrison, General Counsel, and David C. Cooper, Asst. Counsel, City of Jacksonville, for appellee.

ZEHMER, Judge.

The final order granting the City of Jacksonville's motion for summary judgment based on the authority of Zieja v. Metropolitan Dade County, 508 So.2d 354 (Fla. 3d DCA 1986), is reversed for the reasons stated in Durrance v. City of Jacksonville, 532 So.2d 696 (Fla. 1st DCA 1988). We certify an apparent conflict to the supreme court.

REVERSED and REMANDED for further proceedings.

SHIVERS and THOMPSON, JJ., concur.