Commercial Carrier Corp. v. Indian River Cty.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that no cause of action exists for educational malpractice for improper placement in special educational program
• recognizing that “[not] all acts or omissions by governmental authorities will subject them to liability in tort under ... [section 768.28]”
• recognizing that the waiver of sovereign immunity in section 768.28, Florida Statutes, does not extend to “discretionary governmental functions”
• concluding that planning or policy making governmental functions should remain protected by sovereign immunity, but that operational functions could be the subject of tort liability
• holding that article II, section 3 of the Florida Constitution (the separation-of-powers provision) requires the judicial application of a discretionary-function exception to the otherwise broad waiver of sovereign immunity present in section 768.28, Florida Statutes
• holding that article II, section 3 of the Florida Constitution (the separation-of-powers provision) requires the judicial application of a discretionary-function exception to the otherwise broad waiver of sovereign immunity present in section 768.28, Florida Statutes

Source: CourtListener parenthetical corpus (CC0).