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STATE DEPT. OF TRANSP. v. ALVAREZ

Nos. 85-1077, 85-1401.

490 So.2d 1068 (1986)

STATE of Florida, DEPARTMENT OF TRANSPORTATION, Appellant, v. Caridad ALVAREZ, As Personal Representative of the Estate of Antonio Alvarez, Deceased, Appellee.

District Court of Appeal of Florida, Third District.

July 8, 1986.

Attorney(s) appearing for the Case

Sparber, Shevin, Shapo & Heilbronner and Nancy Schleifer, for appellant.

Horton, Perse & Ginsberg and Arnold Ginsberg and Hoppe & Backmeyer, for appellee.

Before SCHWARTZ, C.J., and HUBBART and DANIEL S. PEARSON, JJ.

PER CURIAM.

We affirm the judgment below upon the holdings that (a) since the Department of Insurance in fact received written notice of the instant claim by service of the amended complaint upon it well within the three-year period provided by section 768.28(6), Florida Statutes (1983), the claim that the action is barred because the notice was not previously given is not well-taken, Lee v. South Broward Hospital District, 473 So.2d 1322<...

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