Florida District Courts of Appeal, 1995

Lane v. Eckert

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)

Lane v. Eckert

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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