Parker v. Geo Group, Inc.

District Court of Appeal of Florida

Parker v. Geo Group, Inc.

224 So. 3d 857, 2017 WL 3469420, 2017 Fla. App. LEXIS 11631

CourtDistrict Court of Appeal of Florida

DecidedAugust 14, 2017

DocketCASE NO. 1D16-2611

StatusPublished

This text of 224 So. 3d 857 (Parker v. Geo Group, Inc.) 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.

Bluebook

Parker v. Geo Group, Inc., 224 So. 3d 857, 2017 WL 3469420, 2017 Fla. App. LEXIS 11631 (Fla. Ct. App. 2017).

Pincite

Opinion

ON MOTION FOR CLARIFICATION

WOLF, J.

We grant appellee’s motion for clarification, withdraw our previous opinion filed June 23, 2017, and replace it with the following opinion.

Appellant challenges the trial court’s reliance on the one-year statute of limitations period found in section 95.11(5)(g), Florida Statutes (2012), which led the court to dismiss appellant’s claim alleging he suffered physical injuries as a result of prison operators’ negligence. Appellee correctly concedes that section 95.11(5)(g) is not applicable to the case at hand and that appellant’s claim was wrongfully dismissed. See Green v. Cottrell, 204 So.3d 22 (Fla. 2016). The applicable statute of limitations for a negligence action by a prisoner alleging physical injury against a private entity providing correctional services in Florida should be the four-year statute of limitations period outlined in section 95.11(3)(a), Florida Statutes (2012). We, therefore, reverse and remand this case for further proceedings.

RAY and BILBREY, JJ., CONCUR.

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ON MOTION FOR CLARIFICATION

WOLF, J.

We grant appellee’s motion for clarification, withdraw our previous opinion filed June 23, 2017, and replace it with the following opinion.

Appellant challenges the trial court’s reliance on the one-year statute of limitations period found in section 95.11(5)(g), Florida Statutes (2012), which led the court to dismiss appellant’s claim alleging he suffered physical injuries as a result of prison operators’ negligence. Appellee correctly concedes that section 95.11(5)(g) is not applicable to the case at hand and that appellant’s claim was wrongfully dismissed. See Green v. Cottrell, 204 So.3d 22 (Fla. 2016). The applicable statute of limitations for a negligence action by a prisoner alleging physical injury against a private entity providing correctional services in Florida should be the four-year statute of limitations period outlined in section 95.11(3)(a), Florida Statutes (2012). We, therefore, reverse and remand this case for further proceedings.

RAY and BILBREY, JJ., CONCUR.

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Bluebook (online)

224 So. 3d 857, 2017 WL 3469420, 2017 Fla. App. LEXIS 11631, Counsel Stack Legal Research, https://law.counselstack.com/opinion/parker-v-geo-group-inc-fladistctapp-2017.

Opinion

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