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LEMONIK v. METROPOLITAN DADE COUNTY

No. 95-2223.

672 So.2d 899 (1996)

Jack Brett LEMONIK, Appellant, v. METROPOLITAN DADE COUNTY, a political subdivision of the State of Florida, Appellee.

District Court of Appeal of Florida, Third District.

May 8, 1996.

Attorney(s) appearing for the Case

Arthur W. Tifford, Miami, for appellant.

Merritt, Sikes & Wright and Martin E. Leach, Miami, for appellee.

Before LEVY, GERSTEN and GREEN, JJ.

GREEN, Judge.

Jack Brett Lemonik appeals an adverse final summary judgment entered in favor of Metropolitan Dade County ("County") due to his failure to serve a copy of the summons and complaint in this action on the Florida Department of Insurance ("Department") pursuant to section 768.28(7), Florida Statutes (1989) for more than three years after the commencement of this action nor within the prescribed statute of limitations period for this action. We reverse....

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