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RUBIN v. STATE, DEPT. OF TRANSP.

No. 97-03029.

728 So.2d 1175 (1998)

Sheila M. RUBIN, Appellant, v. STATE of Florida, DEPARTMENT OF TRANSPORTATION and Pinellas County, Florida, Appellees.

District Court of Appeal of Florida, Second District.

September 2, 1998.

Attorney(s) appearing for the Case

Elizabeth G. Mansfield of Carnal & Mansfield, P.A., St. Petersburg, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Charlann Jackson-Sanders, Assistant Attorney General, Tampa, for Appellee Department of Transportation.

No appearance for Appellee Pinellas County.

PARKER, Chief Judge.

Sheila M. Rubin appeals the trial court's final order granting the Department of Transportation's (DOT) motion to dismiss her complaint with prejudice for failure to serve the complaint upon the Department of Insurance within 120 days. We reverse.

Rubin alleged that she sustained injuries when her vehicle struck a loose manhole cover in Pinellas County on August 3, 1992. On April 11, 1995, Rubin, pursuant to section 768.28(6)(a), Florida...

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