Villasol Community Development District v. TC 12, LLC
Villasol Community Development District v. TC 12, LLC
Opinion of the Court
Villasol Community Development District seeks review of the decision of the Fifth District Court of Appeal in Villasol Community Development District v. TC 12, LLC ,
It is so ordered.
CANADY, C.J., and LEWIS, POLSTON, LABARGA, and LAWSON, JJ., concur.
QUINCE, J., dissents with an opinion, in which PARIENTE, J., concurs.
Dissenting Opinion
The decision below expressly and directly conflicts with Provident and Parker Tampa Two, Inc. v. Somerset Development Corp. ,
Generally, when a wrongfully enjoined party is entitled to damages, the damages are limited to the amount of the injunction bond. Parker Tampa Two ,
In Provident , this Court held that the statutory limitation of liability found in section 768.28, Florida Statutes (1989), waiving the State's sovereign immunity for tort claims, does not apply to a claim for wrongful injunction against a governmental entity that did not post an injunction bond.
Because Provident directly addresses the sovereign immunity issue and Parker Tampa Two, Inc. , provides the general rule limiting damages to the amount of the bond, I would retain jurisdiction to address the express and direct conflict. Accordingly, I dissent.
PARIENTE, J., concurs.
Reference
- Full Case Name
- VILLASOL COMMUNITY DEVELOPMENT DISTRICT, Petitioner, v. TC 12, LLC, Respondent.
- Status
- Published