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SMART v. MONGE

No. 95-02646.

667 So.2d 957 (1996)

Electa SMART, as personal representative of the Estate of Kenneth Smart, Appellant, v. Geoffrey MONGE, in his official capacity as Sheriff of Sarasota County, Appellee.

District Court of Appeal of Florida, Second District.

February 14, 1996.

Attorney(s) appearing for the Case

James A. Tucker of Lee & Lee, Sarasota, for Appellant.

Jorge L. Fernandez, County Attorney, and Scott H. Carter, Assistant County Attorney, Sarasota, for Appellee.

PARKER, Acting Chief Judge.

Electa Smart appeals the trial court's order dismissing with prejudice her complaint against Geoffrey Monge, in his capacity as Sheriff of Sarasota County (the Sheriff), specifically arguing that the trial court erred in dismissing the complaint on the ground that Smart failed to comply with the section 768.28(6), Florida Statutes (1991), notice-of-claim requirement. We affirm because Smart's attorney failed to comply with that statute...

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