BRYANT v. DUVAL COUNTY HOSP. AUTHORITY

No. BK-204.

502 So.2d 459 (1986)

Jason Edward BRYANT, a Minor, et al., Appellants, v. DUVAL COUNTY HOSPITAL AUTHORITY, d/b/a University Hospital, Florida Patients' Compensation Fund, and St. Paul Fire and Marine Insurance Company, Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied March 9, 1987.


Attorney(s) appearing for the Case

Richard R. Townsend for Larry Smith, of Kopelousos, Head, Smith, Townsend & Metcalf, P.A., Orange Park, for appellants.

Gerald A. Schneider, Gen. Counsel and Lee S. Carlin, Asst. Counsel, Jacksonville, and Paul M. Hardin, of Smith, Davenport, Bloom, Harden & Johnson, Jacksonville, for appellees.


JOANOS, Judge.

This is an appeal from an order dismissing appellants' third amended complaint with prejudice. Appellants present two questions for our review: (1) whether appellee has waived or is estopped to raise lack of notice as a defense, and (2) whether notice to the Department of Insurance is a condition precedent to an action against an agency of a municipality. We affirm in part and reverse in part.

The original complaint in this cause was filed in...

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