Department of Business Regulation v. Bryan

Supreme Court of Florida August 15, 1985

Department of Business Regulation v. Bryan, 474 So. 2d 807 (Fla. 1985)

27 Educ. L. Rep. 615; 10 Fla. L. Weekly 403; 1985 Fla. LEXIS 3715

Adkins, Alderman, Boyd, Ehrlich, McDonald, Overton, Shaw

Opinion of the Court

PER CURIAM.

This cause is before us on petition to review Bryan v. State, Department of Business Regulation, 438 So.2d 415 (Fla. 1st DCA 1983), in which the district court held that respondent could maintain an action against petitioner for the negligent inspection of an elevator. We find conflict with our recent decision in Trianon Park Condominium Association v. City of Hialeah, 468 So.2d 912 (Fla. 1985),* and we quash the decision of the district court in the instant case.

It is so ordered.

•BOYD, C.J., and OVERTON, ALDERMAN and McDONALD, JJ., concur. EHRLICH, J., dissents with an opinion in which ADKINS, J., concurs. SHAW, J., dissents with an opinion in which ADKINS, J., concurs.

We have jurisdiction. Art. V, § 3(b)(3), Fla. Const.

Dissenting Opinion

EHRLICH, Justice,

dissenting.

I dissent for the reasons set forth in my dissent in Trianon.

ADKINS, J., concurs.

Dissenting Opinion

SHAW, Justice,

dissenting.

I dissent for the reasons set forth in my dissents to Trianon Park Condominium Association v. City of Hialeah, 468 So.2d 912 (Fla. 1985), and Everton v. Willard, 468 So.2d 936 (Fla. 1985).

ADKINS, J., concurs.

Reference

Full Case Name: DEPARTMENT OF BUSINESS REGULATION v. Patricia L. BRYAN, etc.
Status: Published