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PANGILINAN v. BROWARD COUNTY

No. 4D04-1213.

914 So.2d 1094 (2005)

Kathleen PANGILINAN, as Personal Representative of the Estates of Lauren Pangilinan, a deceased minor, and Michael Pangilinan, deceased, and for Kathleen Pangilinan, parent of Lauren Pangilinan, and wife of Michael Pangilinan, individually, Appellant, v. BROWARD COUNTY, Florida and the City of Ft. Lauderdale, a municipal corporation, Appellees.

District Court of Appeal of Florida, Fourth District.

November 30, 2005.

Attorney(s) appearing for the Case

Lauri Waldman Ross and Theresa L. Girten of Lauri Waldman Ross, P.A., Miami and Allison & Robertson, P.A., Miami, for appellant.

Andrew J. Meyers, Chief Appellate Counsel and James D. Rowlee, Assistant County Attorney, Fort Lauderdale, for Appellee-Broward County.

EN BANC

TAYLOR, J.

Kathleen Pangilinan, the plaintiff below, appeals an adverse summary final judgment dismissing her negligence action against appellee, Broward County ("County"), based on her failure to provide pre-suit notice to the Department of Insurance under section 768.28(6), Florida Statutes. We affirm, and in so doing, we recede from Sapphire Condominium Association v. Amerivend Corp., 691 So.2d 600

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