AITCHESON v. FLORIDA DEP'T OF HIGHWAY

No. 4D12-592.

117 So.3d 854 (2013)

Joann AITCHESON, Appellant, v. FLORIDA DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, Appellee.

District Court of Appeal of Florida, Fourth District.

July 10, 2013.


Attorney(s) appearing for the Case

Lawrence M. Siff of Lawrence M. Siff, P.A., Plantation, for appellant.

Pamela Jo Bondi , Attorney General, Tallahassee, and Charles M. Fahlbusch , Special Counsel Assistant Attorney General, Ft. Lauderdale, for appellee.


ROSENBERG, ROBIN, Associate Judge.

This appeal follows from the trial court's order of dismissal with prejudice. The defendant, Florida Department of Highway Safety and Motor Vehicles ("FDHSMV"), filed a motion to dismiss the plaintiff's, Joann Aitcheson ("Aitcheson"), complaint on the basis that the plaintiff failed to satisfy the conditions precedent required for waiver of sovereign immunity as set forth in section 768.28, Florida Statutes (2007). The issue on appeal...

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