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DRAX INTERN. LTD. v. DIV. OF ADMIN., DOT

No. 89-3119.

573 So.2d 105 (1991)

DRAX INTERNATIONAL LTD., a Grand Cayman Corporation, Trustee, and Trade Center South, Inc., a Florida Corporation, Appellants, v. DIVISION OF ADMINISTRATION, STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an Agency of the State of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied February 14, 1991.

Attorney(s) appearing for the Case

Mark S. Ulmer and Alan E. DeSerio of Brigham, Moore, Gaylord, Wilson, Ulmer, Schuster & Sachs, Tampa, for appellants.

Gregory G. Costas, Appellate Atty. and Thomas H. Bateman, III, Gen. Counsel, Dept. of Transp., Tallahassee, for appellee.

OWEN, WILLIAM C., Associate Judge, Retired.

Appellants suffered an adverse summary judgment on their tort claim against appellee, an agency of the State of Florida. The trial court held that it lacked subject matter jurisdiction due to appellants' failure to comply with the notice provisions of Section 768.28(6), Fla. Stat. (1983) prior to filing this action. We reverse.

The notice requirements of the statute are not jurisdictional, Commercial Carrier Corp...

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