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MORHAIM v. STATE, DEPT. OF TRANSP.

No. 98-1916.

737 So.2d 1234 (1999)

Fannie MORHAIM and Jose Morhaim, Appellants, v. The STATE of Florida, DEPARTMENT OF TRANSPORTATION, Appellee.

District Court of Appeal of Florida, Third District.

August 4, 1999.

Attorney(s) appearing for the Case

Ginsberg & Schwartz and Arnold Ginsberg, Miami; Sostchin & Pessin, P.A., for appellants.

Robert A. Butterworth, Attorney General and Charles M. Fahlbusch, Assistant Attorney General, for appellee.

Before SCHWARTZ, C.J., and COPE, and GREEN, JJ.

GREEN, J.

Fannie Morhaim and her husband, Jose, appeal a final summary judgment which dismissed their personal injury action against the State of Florida, Department of Transportation ("DOT") for their failure to provide adequate statutory notice of their claims to the Department of Insurance ("DOI") prior to instituting suit pursuant to section 768.28(6)(a), Florida Statutes (1993). We affirm the summary judgment entered below as to Jose Morhaim where the undisputed...

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