MELI v. DADE COUNTY SCHOOL BD.

No. 84-2786.

490 So.2d 120 (1986)

Gloria MELI, Appellant, v. DADE COUNTY SCHOOL BOARD, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied June 27, 1986.


Attorney(s) appearing for the Case

Gilmour, Morgan & Rosenblatt and Robert A. Rosenblatt, Miami, for appellant.

Peters, Pickle, Flynn & Niemoeller, and Donna S. Catoe, Miami, for appellee.

Before HENDRY, NESBITT and FERGUSON, JJ.


FERGUSON, Judge.

Plaintiff, a mother suing on behalf of her minor child, contends in this appeal that (1) the notice which must be given a sovereign, pursuant to section 768.28(6), Florida Statutes (1985), before the sovereign can be sued in tort is waivable, and (2) a genuine issue of fact was presented as to whether the statutory notice was waived precluding summary judgment. We agree with both contentions and reverse...

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