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KUPER v. PERRY

No. 97-2237.

718 So.2d 859 (1998)

Jeff KUPER, Appellant, v. Neil J. PERRY, Sheriff of St. Johns County, Florida, et al., Appellees.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied October 16, 1998.

Attorney(s) appearing for the Case

Larry T. Griggs of Larry T. Griggs, P.A., St. Augustine, for Appellant.

Sandra Manjasek of Gosney, Manjasek and Moore, Daytona Beach, for Appellee Neil J. Perry.

Patrick F. McCormack, St. Augustine, for Appellee St. Johns County.

W. SHARP, Judge.

Kuper appeals an order which dismissed his complaint for failure to state a cause of action, against Neil J. Perry, the Sheriff of St. Johns County. The dismissal was predicated on Kuper's alleged failure to comply with the presuit notice requirements contained in section 768.28(6)(a). Kuper argues he satisfied the presuit notice requirements in an earlier filed lawsuit, which was voluntarily dismissed. We agree and reverse.

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