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WEST v. STATE DEPT. OF HEALTH & REHABILITATIVE SERVICES

No. 95-3056.

667 So.2d 919 (1996)

Laura K. WEST, Appellant, v. STATE of Florida, DEPARTMENT OF HEALTH & REHABILITATIVE SERVICES, Appellee.

District Court of Appeal of Florida, First District.

February 7, 1996.

Attorney(s) appearing for the Case

Robert J. Denson, Gainesville, and Richard B. Davis, Jr., Gainesville, for appellant.

Robert A. Butterworth, Attorney General, and Laura Rush, Assistant Attorney General, Tallahassee, for appellee.

PER CURIAM.

Bound by our decision in Austin v. Gaylord, 603 So.2d 66 (Fla. 1st DCA 1992), the trial court dismissed appellant's complaint against the Department of Health and Rehabilitative Services for failure to serve the Department of Insurance, as required by section 768.28(7), Florida Statutes (1993), within the 120 days allotted by Florida Rule of Civil Procedure 1.070(i). Shortly after rendition of the trial court...

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