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CITY OF PEMBROKE PINES v. ATLAS

No. 84-631.

474 So.2d 237 (1985)

CITY OF PEMBROKE PINES, Appellant, v. Bonnie ATLAS, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied September 11, 1985.

Attorney(s) appearing for the Case

Gary M. Farmer of Gary M. Farmer, P.A., Fort Lauderdale, and Steven L. Josias of Josias & Goren, Fort Lauderdale, for appellant.

Philip Michael Cullen, III, Fort Lauderdale, for appellee.

PER CURIAM.

Appellant's contention that a plaintiff must allege compliance with the notice provision of section 768.28(6), Florida Statutes (1983) in order to vest the circuit court with subject matter jurisdiction of a tort suit against a municipality is without merit. This allegation is a condition precedent to suit, Commercial Carrier Corp. v. Indian River County, 371 So.2d 1010 (Fla. 1979), which must be pled to state...

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