Florida District Courts of Appeal, 1979

Verhunce v. Metropolitan Dade County

Verhunce v. Metropolitan Dade County
Florida District Courts of Appeal · Decided August 21, 1979 · Barkdull, Hubbart, Schwartz
374 So. 2d 640; 1979 Fla. App. LEXIS 15724 (Southern Reporter, Second Series)

Verhunce v. Metropolitan Dade County

Opinion of the Court

PER CURIAM.

A summary final judgment was entered in favor of Metropolitan Dade County because the appellant, plaintiff in the trial court, had not given the notice required by Section 2-2 of the Code of Metropolitan Dade County, Florida (under the Code, this is a condition prerequisite to a tort claim).

The summary final judgment is reversed upon the authority of Scavella v. Fernandez, 371 So.2d 535 (Fla. 3d DCA 1979),1 with directions to the trial court to proceed with the cause.

Reversed and remanded, with directions.

. The order under review in the instant case was entered prior to the Scavella opinion.

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