BROOKS BY AND THROUGH McCOOK v. ELLIOTT

No. 91-830.

593 So.2d 1209 (1992)

Dexter BROOKS, a minor BY and Through Gwendolyn McCOOK, a parent, Appellant, v. Mike ELLIOTT, et al., Appellees.

District Court of Appeal of Florida, Fifth District.

February 21, 1992.


Attorney(s) appearing for the Case

Jacob A. Rose of Haygood, Williams & Rose, P.A., West Palm Beach, for appellant.

Michael S. Reeser of Bugg, Dayton & Reeser, P.A., of Clearwater, for appellees.


RICHARDSON, E., Associate Judge.

This is an appeal of an order dismissing appellant's complaint with prejudice. The trial court found as a matter of law that the cause of action was barred by the applicable statute of limitations. Further, the trial court ruled that dismissal was appropriate because appellant failed to comply with the three year notice requirement of section 768.28, Florida Statutes (1989). We reverse.

The complaint in this case was date-stamped...

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