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OTERO v. CITY OF HIALEAH

No. 98-449.

731 So.2d 116 (1999)

Hilda OTERO, Appellant, v. CITY OF HIALEAH, Appellee.

District Court of Appeal of Florida, Third District.

April 21, 1999.

Attorney(s) appearing for the Case

Ginsberg & Schwartz and Todd R. Schwartz, Miami; Downs & Associates, Canada, for appellant.

William M. Grodnick, City Attorney and Alan E. Krueger, Assistant City Attorney, for appellee.

Before NESBITT, FLETCHER and SHEVIN, JJ.

SHEVIN, J.

Hilda Otero appeals a final summary judgment entered in favor of defendant, City of Hialeah, for failure to comply with section 768.28, Florida Statutes (1997). We reverse.

Contrary to the City's assertion, it is of no moment that the address on the notice, the Immaculate Conception Catholic Church, was not the precise location of the incident; rather, the incident occurred in front of the Immaculate Conception School.

[A] just claim, if...

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