Faircracker FALL 2020
Page 5
Top Row: Jim Ward, President Rhonda Ward, 1st VP Terry Atchley, 2nd VP Hal Porter, Sec./ Treas Bill Olsen, Immediate Past President Dan West, Ex. Director Middle: Directors: Eddie Cora Fran Crone Mark Harvey Shawn Krauel Rita Lincoln Jay Spicer Bottom: Shelley Terrell Stacey Wad, Associate Directors: Heidi Pugh Eddie Porcelli Honorary Directors: Michelle Faulk Scott Ubanks
2020-2021 FLORIDA FEDERATION OF FAIRS OFFICERS AND DIRECTORS
UPDATE FROM THE FIFTH DISTRICT COURT OF APPEAL: WORLEY v. CITRUS COUNTY FAIR ASSOCIATION, INC.
Great news for the Fair industry! For those that attended the Summer Work-
shop, you recall hearing about how the case Worley v. Citrus County Fair Asso- ciation, Inc., was set for oral argument before the Fifth District Court of Appeal on October 8th, 2020. During the Workshop, however, our office learned that that the Court decided
to forgo oral arguments and rule on the case based on the parties’ written briefs. Yesterday, the judges ruled on the case by affirming the lower court decision which found that the Citrus County Fair Association was entitled to sovereign immunity. In fact, the appellate court was so persuaded in the Fair’s position that it issued a “PCA” which means “per curiam affirmed.” In other words, the panel of three appellate judges were all in agreement with the decision of the trial court that they did not even have to issue a separate opinion or have any further dis- cussion of it at all. As you may recall, this case arises from an alleged trip and fall accident at the
Citrus County Fairgrounds where the plaintiff, Darlene Worley, alleged she tripped on a speed bump and a raised concrete block located on the property. The trial judge made two important rulings in favor of the Fair: (1) Citrus County Fair Association was entitled to sovereign immunity; and (2) the decision to upgrade the speed bump was a planning-level decision that was also entitled to absolute immunity. In making these rulings, the trial judge relied on the Fourth District Court of Appeal’s decision in Widley v. South Florida Fair and Palm Beach Expositions, Inc., where the court held that the South Florida Fair enjoys sovereign immunity as an instrumentality of the state. The plaintiff appealed these decisions by the trial court to the Fifth District Court of Appeal, who af-
firmed the trial court’s rulings yesterday. In doing so, the Florida Fair industry now has decisions from two out of the five appellate courts supporting the prop- osition that Fairs enjoy sovereign immunity in the state of Florida as instrumen- talities of the state. Should a case arise in the First, Second, or Third District Court of Appeal that
presents the same issue, and one of those appellate courts issues a decision that conflicts with the Fourth or Fifth District, then there is a possibility the Flori- da Supreme Court would settle the issue statewide.
INTRODUCING….Dominic DeCesare of Foster & Fuchs, P.A.
Dominic F. DeCesare was born in West Palm Beach and raised in Jupiter. Upon completion of his undergraduate studies at the University of Central Florida in Orlan- do, he attended Nova Southeastern Uni- versity- Shepard Broad College of Law in Fort Lauderdale. While there, Dominic competed in two national Moot Court com- petitions and sat on the Executive Board as Vice President. He was also a member of the ILSA Journal of International & Com- parative Law. Dominic went on to graduate cum laude and was invited to the Order of Barristers—a prestigious honor society for individuals who excel in legal writing and courtroom advo- cacy.
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