Florida District Courts of Appeal, 1983

City of Miami v. Sinquefield

Florida District Courts of Appeal · Decided August 9, 1983 · No. 82-2053 · Bark, Dull, Jorgenson, Schwartz

435 So. 2d 970; 1983 Fla. App. LEXIS 22398 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Rene A. Garcia v. City of Homestead (Fla. Dist. Ct. App. 2025)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

The trial court erred in not directing a verdict for the defendant municipality in a negligence action seeking a recovery of damages for injuries allegedly incurred when an automobile struck a “pothole” in a street. It was never pled nor proved that the plaintiff gave the municipality the required notice under Section 768.28(6) Florida Statutes (1976). Commercial Carrier Corporation v. Indian River County, 371 So.2d 1010 (Fla. 1979).

The final judgment under review is reversed and the cause remanded to the trial court with directions to enter judgment for the municipality.

Reversed and remanded with directions.

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