MYERS v. CHARLOTTE COUNTY

No. 89-01445.

555 So.2d 1322 (1990)

Barbara MYERS and Warren Myers, Her Husband, Appellants, v. CHARLOTTE COUNTY, a Political Subdivision of the State of Florida, Appellee.

District Court of Appeal of Florida, Second District.

January 26, 1990.


Attorney(s) appearing for the Case

Bruce D. Frankel of Goldberg, Goldstein & Buckley, P.A., Fort Myers, for appellants.

Gerald W. Pierce of Henderson, Franklin, Starnes & Holt, P.A., Fort Myers, for appellee.


PER CURIAM.

This controversy concerns whether or not the appellants gave written notice to the Department of Insurance as is required by section 768.28(6)(a), Florida Statutes (1987). The trial court granted a summary judgment on this issue in favor of the appellee. We reverse.

By affidavit and deposition, Stephen Rush, a legal assistant in the law firm representing appellants, testified that he had such a letter prepared and that he signed it. The firm's...

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