DONALD E. HALPIN, APPELLANT,
v.
SHERIFF JOHN M. SHORT AND PASCO COUNTY COMMISSION, APPELLEES
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PER CURIAM.
Appellant argues the trial court erred in dismissing his suit against appellees with prejudice. His complaint was dismissed because he failed to allege compliance with the notice provisions of section 768.28(6), Florida Statutes (1983). By the time the dismissal was entered, the limitations period for providing such notice had expired. Thus, dismissal with prejudice was proper since appellant was unable to furnish the required notice and amend his complaint to allege compliance with section 768.28(6). Levine v. Dade County School Board, 442 So. 2d 210 (Fla.1983); Commercial Carrier Corp. v. Indian River County, 372 So. 2d 1022 (Fla. 3d DCA 1979). Moreover, appellant’s estoppel argument is raised for the first time and is not supported by any allegations contained in the complaint.
Accordingly, we affirm the trial court’s order. SCHEB, A.C.J., and DANAHY and SANDERLIN, JJ., concur.
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Pub. Health Tr. OF Dade Cnty. v. The Honorable Francis X. Knuck, 495 So. 2d 834 (Fla. 3d DCA 1986)…ly to the extent specified in section 768.28, once the limitations period expires, plaintiff loses the opportunity to provide the omitted requirements. Burkett v. Calhoun County, 441 So. 2d 1108 (Fla. 1st DCA 1983); Dukanauskas; see Halpin v. Short, 490 So. 2d 1271 (Fla. 2d DCA 1986); cf. Wemett v. Duval County, 485 So. 2d 892 (Fla. 1st DCA 1986) (dismissal of complaint with prejudice error where plaintiff could comply with § 768.-28(6)(a) within limitations period); Lee v. South Broward Hospital District, 473…
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Brigham v. Brigham, 11 So. 3d 374 (Fla. 3d DCA 2009)…tion 737.403(2), which requires a trustee to seek court approval from a court for the exercise of a trust power when it conflicts with the trustee’s individual interest. See Bailey v. Leatherman, 615 So. 2d 810 (Fla. 3d DCA 1993); Barnhart v. Hovde, 490 So. 2d 1271 (Fla. 5th DCA 1986). Consequently, we agree with appellants that Dana’s improper transfer must be set aside and the final judgment reversed so that the proceeds from the sale and interest be returned to the EFP Land Trust and then distributed in ac…
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Villa Maria Nursing & Rehab. Ctr., Inc. v. S. Broward Hosp. Dist., 8 So. 3d 1167 (Fla. 4th DCA 2009)…tatute of limitations for equitable subrogation runs from time subrogee pays claim). At the time of dismissal, the applicable limitations periods had not expired. Therefore, the case should have been dismissed without prejudice. Cf. Halpin v. Short, 490 So. 2d 1271 (Fla. 2d DCA 1986) (holding that dismissal with prejudice was proper where the limitations period for providing section 768.28(6) notice had expired by the time dismissal was entered). The hospital contends that Pangilinan v. Broward County, 914 So…
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- Levine v. Dade Cnty. Sch. Bd., 442 So. 2d 210 (Fla. 1983)
- Rosenberg v. Rosenberg, 372 So. 2d 1022 (Fla. 3d DCA 1979)