CopyCited 33 times | Published | Florida 1st District Court of Appeal | 1990 WL 19935
...The issues are: (1) whether the allegations of battery and fraud and deceit are sufficient to overcome the exclusivity provision of the Workers' Compensation Act (Section
440.11, Florida Statutes); (2) whether the trial court erred in dismissing claims based on public nuisance (Section
376.205, Florida Statutes); (3) whether the trial court erred in dismissing claims based on common law and statutory strict liability (Section
376.313, Florida Statutes); (4) whether the trial judge erred in prohibiting appellants' attorneys...
...1985), when a party "has suffered no `particular damage' in the exercise of a right common to the general public, ... it lacks standing to sue for public nuisance." (emphasis added). III. STRICT LIABILITY; ANTIPOLLUTION STATUTES We hold that Count V of the complaint fails to state a cause of action pursuant to Section
376.205, Florida Statutes, but states a cause of action as to Section
376.313, Florida Statutes....
...payment of reasonable damage claims resulting therefrom. Thus, we hold that the Count V allegations do not come within the purview of Sections
376.011 through
376.21, Florida Statutes. The allegations, therefore, do not state a cause of action under Section
376.205 ("Individual cause of action for damages under ss....
CopyCited 19 times | Published | Supreme Court of Florida | 40 Envtl. L. Rep. (Envtl. Law Inst.) 20172, 2010 A.M.C. 2211, 35 Fla. L. Weekly Supp. 341, 71 ERC (BNA) 1005, 2010 Fla. LEXIS 944, 2010 WL 2400384
...POLSTON, J, concurs in part and dissents in part with an opinion. CANADY, J., recused. . While the plaintiffs filed one of their causes of action under section
376.313, which provides for individual causes of action for pollution of surface and ground waters, it should be noted that section
376.205, Florida Statutes (2004), provides for individual causes of action for pollution of coastal waters and lands also....
CopyPublished | Supreme Court of Florida
...to include the restrictive
definition of “damage” applicable only to the 1970 act. See ch. 90-54, § 10, at 145,
Laws of Fla. Then, in 1996, the Legislature amended the language in the cause of
action section of the 1970 act. The language in section 376.205 was changed from
“all damages” to “damages, as defined in s....
