Chambers v. Florida Public Utilities Co.

District Court of Appeal of Florida

Chambers v. Florida Public Utilities Co.

374 So. 2d 1164, 1979 Fla. App. LEXIS 15524

CourtDistrict Court of Appeal of Florida

DecidedSeptember 19, 1979

DocketNo. 78-1018

StatusPublished

This text of 374 So. 2d 1164 (Chambers v. Florida Public Utilities Co.) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Chambers v. Florida Public Utilities Co., 374 So. 2d 1164, 1979 Fla. App. LEXIS 15524 (Fla. Ct. App. 1979).

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Opinion

BERANEK, Judge.

This is a plaintiff’s appeal from the dismissal of a complaint against the State of Florida, Department of Transportation. The motion to dismiss was granted on the authority of Cheney v. Dade County, 353 So.2d 623 (Fla. 3d DCA 1977). This case held it was necessary to allege a special duty owed to the plaintiff different from that owed to the general public. The Supreme Court has now reversed the initial Cheney decision in Commercial Carrier Corporation v. Indian River County, and Cheney v. Dade County, 371 So.2d 1010 (Fla.\1979). The áppellee concedes this decision requires reversal of the dismissal. The order of dismissal below is, therefore, reversed and the matter remanded to the trial court for further proceedings consistent with the aforementioned Supreme Court decision.

REVERSED AND REMANDED WITH DIRECTIONS.

DOWNEY, C. J., and CROSS, SPENCER C., Associate Judge, concur.

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BERANEK, Judge.

This is a plaintiff’s appeal from the dismissal of a complaint against the State of Florida, Department of Transportation. The motion to dismiss was granted on the authority of Cheney v. Dade County, 353 So.2d 623 (Fla. 3d DCA 1977). This case held it was necessary to allege a special duty owed to the plaintiff different from that owed to the general public. The Supreme Court has now reversed the initial Cheney decision in Commercial Carrier Corporation v. Indian River County, and Cheney v. Dade County, 371 So.2d 1010 (Fla.\1979). The áppellee concedes this decision requires reversal of the dismissal. The order of dismissal below is, therefore, reversed and the matter remanded to the trial court for further proceedings consistent with the aforementioned Supreme Court decision.

REVERSED AND REMANDED WITH DIRECTIONS.

DOWNEY, C. J., and CROSS, SPENCER C., Associate Judge, concur.

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374 So. 2d 1164, 1979 Fla. App. LEXIS 15524, Counsel Stack Legal Research, https://law.counselstack.com/opinion/chambers-v-florida-public-utilities-co-fladistctapp-1979.

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