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SCAVELLA v. FERNANDEZ

No. 78-1639.

371 So.2d 535 (1979)

Sonja SCAVELLA, Appellant, v. Gilbert FERNANDEZ and Metropolitan Dade County, Jointly and Severally, Appellees.

District Court of Appeal of Florida, Third District.

May 29, 1979.

Attorney(s) appearing for the Case

William N. Hutchinson, Jr., Miami, for appellant.

Stuart L. Simon, County Atty., and Mark A. Dresnick, Asst. County Atty., for appellees.

Before HAVERFIELD, C.J., and PEARSON and SCHWARTZ, JJ.

SCHWARTZ, Judge.

The plaintiff-appellant's complaint for personal injury damages against Dade County was dismissed with prejudice because it did not allege compliance with the 60 day notice requirement of Section 2-2 of the Metropolitan Dade County Code. Since we hold that Section 2-2 is invalid as in conflict with the three year notice period provided by Section 768.28(6), Florida Statutes (1977), the judgment of dismissal under review is reversed.

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