City of Delray Beach v. Watts

City of Delray Beach v. Watts, 461 So. 2d 142 (Fla. Dist. Ct. App. 1984)

Court: District Court of Appeal of Florida · State Appellate Courts
Decided: November 21, 1984
Docket: No. 83-2106
Judges: Per Curiam
Citations: 461 So. 2d 142

Cited by 5

Opinion — Per Curiam

461 So.2d 142 (1984)

The CITY OF DELRAY BEACH, Appellant,

Shalanda WATTS, a Minor by and through Her Natural Mother and Next Friend, Naomi Williams and Naomi Williams, Individually, Gerome Gholston, Owner and Progressive American Insurance Company, Etc., et al., Appellees.

No. 83-2106.

District Court of Appeal of Florida, Fourth District.

November 21, 1984. Rehearing Denied January 21, 1985.

Steven R. Berger and Amy N. Dean of Steven R. Berger, P.A., and Peterson & Fogarty, P.A., Miami, for appellant.

Gary E. Garbis of Gary E. Garbis, P.A., Miami, for appellees.

PER CURIAM.

We reverse because the placement of the garbage dumpster was a planning-level decision of the City thereby entitling it to sovereign immunity and, further, no exception was created because the dumpster did not constitute a known danger not readily apparent to potential victims or a hidden trap or danger. The dumpster and its location, and whatever danger they created, were open and obvious. Payne v. Broward Co., 461 So.2d 63 (Fla. 1984); City of St. Petersburg v. Collom, 419 So.2d 1082 (Fla. 1982); and Department of Transportation v. Neilson, 419 So.2d 1071 (Fla. 1982).

Reversed.

HERSEY and WALDEN, JJ., and GREEN, OLIVER L., Jr., Associate Judge, concur.

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Cited by 5 cases

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State Appellate Courts5

Relies on it most ⓘ

CSX Transp., Inc. v. Whittler584 So. 2d 579 (Fla. Dist. Ct. App. 1991)
Miller v. City of Fort Lauderdale508 So. 2d 1328 (Fla. Dist. Ct. App. 1987)
STATE, DEPT. OF TRANSP. v. Caffiero522 So. 2d 57 (Fla. Dist. Ct. App. 1988)
MacK v. State461 So. 2d 142 (Fla. Dist. Ct. App. 1984)
Hosey ex rel. Hosey v. City of Fort Lauderdale533 So. 2d 956 (Fla. Dist. Ct. App. 1988)

Most recent

CSX Transp., Inc. v. Whittler584 So. 2d 579 (Fla. Dist. Ct. App. 1991)
Hosey ex rel. Hosey v. City of Fort Lauderdale533 So. 2d 956 (Fla. Dist. Ct. App. 1988)
STATE, DEPT. OF TRANSP. v. Caffiero522 So. 2d 57 (Fla. Dist. Ct. App. 1988)
Miller v. City of Fort Lauderdale508 So. 2d 1328 (Fla. Dist. Ct. App. 1987)
MacK v. State461 So. 2d 142 (Fla. Dist. Ct. App. 1984)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 4

Depth	Case	Cited by
	Dep't of Transp. v. Neilson, 419 So. 2d 1071 (Fla. 1982)	127
	City of St. Petersburg v. Collom, 419 So. 2d 1082 (Fla. 1982)	119
	Payne v. Broward Cnty., 461 So. 2d 63 (Fla. 1984)	26
	MacK v. State, 461 So. 2d 142 (Fla. Dist. Ct. App. 1984)	3

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