The Paces Foundation, Inc. and Century Park Apartments, LP v. Town of Century, Florida
CourtDistrict Court of Appeal of Florida
Date FiledMarch 10, 2021
Docket1D19-4146
StatusPublished
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Full Opinion
FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
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No. 1D19-4146
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THE PACES FOUNDATION, INC.
and CENTURY PARK
APARTMENTS, LP,
Appellants,
v.
TOWN OF CENTURY, FLORIDA,
Appellee.
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On appeal from the Circuit Court for Escambia County.
Lacey Powell Clark, Judge.
March 10, 2021
PER CURIAM.
AFFIRMED. See Pan-Am Tobacco Corp. v. Dept. of Corr., 471
So. 2d 4, 6 (Fla. 1984) (holding state agencies are subject to suit on
authorized and “express, written contracts”); Brevard Cnty. v.
Morehead, 181 So. 3d 1229, 1232–33 (Fla. 5th DCA 2015) (holding
county’s sovereign immunity barred landowner’s suit, because no
“express, written contract” existed between the parties); City of
Fort Lauderdale v. Israel, 178 So. 3d 444, 445, 447 (Fla. 4th DCA
2015) (holding sovereign immunity barred sheriff’s action against
city for breach of allegedly ongoing service contract that had
expired); City of Orlando v. W. Orange Country Club, 9 So. 3d 1268,
1272–73 (Fla. 5th DCA 2009) (finding sovereign immunity an
independent bar to action on purported unwritten and unapproved
agreement).
ROBERTS, ROWE, and KELSEY, JJ., concur.
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Not final until disposition of any timely and
authorized motion under Fla. R. App. P. 9.330 or
9.331.
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William J. Dunaway and William D. Stokes of Clark Partington,
Pensacola, for Appellants.
Thomas M. Findley and Cody W. Short of Baker, Donelson,
Bearman, Caldwell & Berkowitz, PC, Tallahassee, for Appellee.
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