CUNNINGHAM v. FLA. DEPT. OF CHILD. & FAM.

No. 1D99-2937.

782 So.2d 913 (2001)

Calvin J. CUNNINGHAM, as Personal Representative of the Estate of Calesha D. Cunningham, deceased, Appellant, v. FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES, formerly known as Florida Department of Health and Rehabilitative Services, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied April 24, 2001.


Attorney(s) appearing for the Case

Maxie Broome, Jr, Jacksonville, for Appellant.

Robert A. Butterworth, Attorney General; and Charlie McCoy, Assistant Attorney General, Tallahassee, for Appellee.


BROWNING, J.

Appellant appeals the circuit court's dismissal of his wrongful death survivor's claim, with prejudice. The claim was dismissed on grounds that it was time-barred because Appellant failed to give the State proper notice of his claim. Appellant argues that, pursuant to the wrongful death statute, only the personal representative of an estate may bring suit and give notice of claims, and that the original personal representative, and Appellant's predecessor...

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