HALVELAND v. FLORIDA DEPARTMENT OF CORRECTIONS (2017)

Elizabeth HALVELAND, individually and as Personal Representative of the Estate of Michael Halveland, deceased, Appellant, v. FLORIDA DEPARTMENT OF CORRECTIONS, an Agency of the State of Florida, Isaac Andrews, both in his individual and official capacity as a Correctional Officer of Florida Department of Corrections, Carlton Spooner, both in his individual and official capacity as an Officer of Florida Department of Corrections, Jennifer Reeves, both in her individual and official capacity as an Officer of Florida Department of Corrections, Patrick Jason William, in his individual capacity, Appellees.

CASE NO. 1D16–3226

Decided: June 27, 2017

Megan Cunningham, Ann E. Finnell, of Finnell, McGuinness, Nezami & Andux, P.A., Jacksonville, for Appellant. Pamela Jo Bondi, Attorney General, and Donna LaPlante, Senior Assistant Attorney General, Tallahassee, for Appellees.

After inmate Michael Halveland died, his estate via his mother brought a wrongful death action against the Department of Corrections. The estate challenges the trial court's ruling, which dismissed the action as time-barred based on this Court's decision in Green v. Cottrell, 172 So. 3d 1009, 1011 (Fla. 1st DCA 2015), which held that the one-year statute of limitations for prisoners bringing suit under section 95.11(5)(g) applied, as opposed to section 768.28(14)), Florida Statutes. Our decision was recently reversed in Green v. Cottrell, 204 So. 3d 22 (Fla. 2016), the supreme court holding that the four-year statute of limitations in section 769.28(14) governs a prisoner action where the prisoner suffers “physical injury due to the negligent or wrongful act or omissions of the employees of a government entity.” Green v. Cottrell, 204 So. 3d 22 (Fla. 2016). In light of Green, we vacate the order of dismissal and remand for further proceedings consistent with that decision. See Thornton v. Elliott, 288 So. 2d 254, 256 (Fla. 1973); Winter Park Golf Estates v. City of Winter Park, 114 Fla. 350, 351 (Fla. 1934)). Because the order for sanctions against the estate was based in substantial part on the estate's disagreement with this Court's decision in Green, that order is vacated with instructions that the trial court review the motion in light of the supreme court's recent decision as well.

VACATED AND REMANDED.

PER CURIAM.

WETHERELL, MAKAR, and KELSEY, JJ., CONCUR.

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