374 So. 2d 634

Sam W. KLEINFELD, et al., Appellants, v. METROPOLITAN DADE COUNTY, Appellee.

No. 77-2140.

District Court of Appeal of Florida, Third District.

Aug. 21, 1979.

Bradford, Williams, McKay, Kimbrell, Hamann & Jennings and Thomas E. Scott, Miami, for appellants.

Carey, Dwyer, Cole, Selwood & Bernard and Steven R. Berger, Miami, for appellee.

Before HAVERFIELD, C. J., and PEARSON and KEHOE, JJ.

PER CURIAM.

This is an appeal from a summary final judgment for Metropolitan Dade County upon the basis of sovereign immunity. The judgment was upon the defendants’ third party complaint against the County for failure to properly maintain and repair a roadway and failure to warn of a dangerous condition. The trial judge relied upon this court’s decision in Cheney v. Dade County, 353 So.2d 623 (Fla.3d DCA 1977), quashed by the Supreme Court of Florida in Com *635 mercial Carrier Corp. v. Indian River County, 371 So.2d 1010 (Fla.1979).1

The Supreme Court’s decision in Cheney v. Dade County and the companion case of Commercial Carrier Corp. v. Indian River County dictate reversal of the summary judgment appealed.

Accordingly, the judgment is reversed and the cause remanded for further proceedings.

Reversed and remanded.

Kleinfeld v. Metropolitan Dade County
374 So. 2d 634

Case Details

Name
Kleinfeld v. Metropolitan Dade County
Decision Date
Aug 21, 1979
Citations

374 So. 2d 634

Jurisdiction
Florida

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