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VARGAS v. CITY OF FORT MYERS

No. 2D12-2485.

137 So.3d 1031 (2014)

Ruth VARGAS, Appellant, v. CITY OF FORT MYERS, Florida, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied February 17, 2014.

Attorney(s) appearing for the Case

Victor M. Arias of Arias Law Firm, P.A., Cape Coral, for Appellant.

Mark S. Moriarty , Assistant City Attorney, Fort Myers, for Appellee.

SLEET, Judge.

Ruth Vargas appeals the summary judgment entered in favor of the City of Fort Myers (Fort Myers) on the bases that Vargas failed to comply with section 768.28, Florida Statutes (2005), and the statute of limitations expired. We disagree. Accordingly, we reverse.

I. Background

On March 3, 2005, Vargas was injured in a traffic accident involving a Fort Myers police car. On May 13, 2005, Vargas's attorney sent Fort Myers a letter informing...

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