Bailey v. Board of County Commissioners
Bailey v. Board of County Commissioners
Opinion of the Court
A. Donald Bailey, Raymond Bailey, and Vet’s Wholesale Nursery, Inc., (collectively Bailey) appeal the dismissal with prejudice of their complaint alleging negligence and trespass against the Board of County Commissioners, Hillsborough County, Florida (Hillsborough). Although we agree with the ruling dismissing the complaint, we conclude the trial court erred in dismissing with prejudice.
This court has recently decided a case involving a similar factual situation and the same defendant. See Nanz v. SWFMD and Hillsborough County, 617 So.2d 735 (2d DCA 1993). In Nanz, we reversed the dismissal of a complaint which alleged that Hillsborough County had undertaken the operation, control and maintenance of a drainage system. We determined that if Hillsborough had undertaken to provide service, it assumes the responsibility to do so with reasonable care. Having determined it is possible to state a cause of action, we hold the trial court erred in dismissing Bailey’s complaint with preju
Reversed and remanded.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.