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WALL v. PALM BEACH COUNTY

No. 98-1952.

743 So.2d 44 (1999)

Irene WALL and James Wall, her husband, Appellants, v. PALM BEACH COUNTY, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied October 27, 1999.

Attorney(s) appearing for the Case

Michael J. Ferrin, West Palm Beach, for appellant.

Holly S. Harvey of Thornton, Davis & Murray, P.A., Miami, for appellee.

PER CURIAM.

Summary judgment was entered in favor of Palm Beach County on appellants' suit for negligence on the ground that appellants had failed to provide the statutory notice of intent to sue to the Department of Insurance ("Department") pursuant to section 768.28(6), Florida Statutes (1997). Appellants complain that because the county neglected to state its defense of lack of notice to the Department in specific terms pursuant to Florida Rule of Civil Procedure...

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