Florida District Courts of Appeal, 1995

Lane v. Eckert

Florida District Courts of Appeal · Decided April 7, 1995 · Patterson, Quince, Schoonover

652 So. 2d 1257; 1995 Fla. App. LEXIS 3555; 1995 WL 150422 (Southern Reporter, Second Series)

Cases that cite this one

2 later published cases cite this decision.

PATTERSON AND WALTER v. CLARKE (Fla. Dist. Ct. App. 2024)
Mason v. Highlands County Board of County Commissioners (Fla. Dist. Ct. App. 2001)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

QUINCE, Judge.

Because the appellant failed to comply with the requirements of section 768.28(6), Florida Statutes (1991), the trial court properly dismissed his complaint. Since, however, the statute of limitations had not yet run at the time of dismissal, the appellant shall have the opportunity to file an amended complaint after compliance with the statute. Wright v. Polk County Public Health Unit, 601 So.2d 1318 (Fla. 2d DCA 1992); Hamide v. State, Dep’t of Corrections, 548 So.2d 877 (Fla. 1st DCA 1989); Wemett v. Duval County, 485 So.2d 892 (Fla. 1st DCA 1986). We therefore affirm the dismissal of the complaint and remand for further proceedings.

SCHOONOVER, A.C.J., and PATTERSON, J., concur.

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