PACES FOUNDATION INC LP v. TOWN OF CENTURY (2021)

District Court of Appeal of Florida, First District.

The PACES FOUNDATION, INC. and Century Park Apartments, LP, Appellants, v. TOWN OF CENTURY, Florida, Appellee.

No. 1D19-4146

Decided: March 10, 2021

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.

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).

Per Curiam.

Roberts, Rowe, and Kelsey, JJ., concur.

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