ROBERT LANE, APPELLANT,
v.
JOYCE ECKERT, APPELLEE
ROBERT LANE, APPELLANT,
JOYCE ECKERT, APPELLEE
652 So. 2d 1257
Florida District Court of Appeal, Second District (1995)
Positive Treatment
Cited by 2 cases
Opinion of the Court
QUINCE, Judge.
Because the appellant failed to comply with the requirements of section 768.28(6), Florida Statutes (1991), the trial court properly dismissed his complaint. Since, however, the statute of limitations had not yet run at the time of dismissal, the appellant shall have the opportunity to file an amended complaint after compliance with the statute. Wright v. Polk County Public Health Unit, 601 So. 2d 1318 (Fla. 2d DCA 1992); Hamide v. State, Dep’t of Corrections, 548 So. 2d 877 (Fla. 1st DCA 1989); Wemett v. Duval County, 485 So. 2d 892 (Fla. 1st DCA 1986). We therefore affirm the dismissal of the complaint and remand for further proceedings.
SCHOONOVER, A.C.J., and PATTERSON, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Marcellus M. Mason, Jr. v. Highlands Cnty. Bd. of Cnty. Comm'rs, 788 So. 2d 1122 (Fla. 2d DCA 2001)…perly dismissed the complaint with prejudice. Since the statute of limitations had not yet run at the time of dismissal, appellant should have been given the opportunity to file an amended complaint after compliance with the statute. Lane v. Eckert, 652 So. 2d 1257 (Fla. 2d DCA 1995). Highlands County Board of County Commissioners (“Highlands”) argues that this court should still affirm the dismissal with prejudice due to other defects in appellant’s complaint. While the defects pointed out by Highlands may au…
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Patterson and Walter v. Clarke (Fla. 2d DCA 2024)
Authorities Cited
- Wemett v. Duval Cnty., 485 So. 2d 892 (Fla. 1st DCA 1986)
- Hamide v. State of Fla. Dep't OF Corr., 548 So. 2d 877 (Fla. 1st DCA 1989)
- Wright v. Polk Cnty. Pub. Health Unit, 601 So. 2d 1318 (Fla. 2d DCA 1992)