ROY COOPER, 1990 ROBLAN, INC., A FLORIDA CORPORATION, AND WILLIAM FRAZZETO, APPELLANTS,
v.
DEPARTMENT OF LEGAL AFFAIRS, APPELLEE
ROY COOPER, 1990 ROBLAN, INC., A FLORIDA CORPORATION, AND WILLIAM FRAZZETO, APPELLANTS,
DEPARTMENT OF LEGAL AFFAIRS, APPELLEE
698 So. 2d 568
Florida District Court of Appeal, Third District (1997)
Positive Treatment
Cited by 6 cases
Opinion of the Court
PER CURIAM.
We affirm the permanent injunction and final judgment. However, we reverse the portion of the judgment awarding attorney’s fees without an evidentiary hearing. On remand, the court is directed to conduct an evidentiary hearing and enter an order in compliance with Florida Patient’s Compensation Fund v. Rowe, 472 So. 2d 1145 (Fla.1985). See Fowler v. First Fed. Sav. & Loan Ass’n, 643 So. 2d 30 (Fla. 1st DCA 1994), review denied, 658 So. 2d 990 (Fla.1995).
Affirmed in part, reversed in part.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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COX v. Burke, 706 So. 2d 43 (Fla. 5th DCA 1998)…CA 1996), the court held that the trial court did not abuse its discretion in dismissing plaintiff’s complaint where he “committed serious misconduct by repeatedly lying under oath during a [*47] deposition.” See also Figgie Int'l, Inc. v. Alderman, 698 So. 2d 568 (Fla. 3d DCA 1997); compare Millan v. Williams, 655 So. 2d 207, 208 (Fla. 3d DCA 1995). In Kirby v. Adkins, 582 So. 2d 1209 (Fla. 5th DCA 1991), this court reversed the trial court’s dismissal of the plaintiffs complaint in that case when the plain…
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Kuper v. Perry, 718 So. 2d 859 (Fla. 5th DCA 1998)…ack of presuit notice under this section, it has been held that a letter sent to the Department of Insurance, which met the minimum presuit notice (content) requirements, was sufficient under the statute. Brower v. State, Dept, of Natural Resources, 698 So. 2d 568 (Fla. 2d DCA 1997). .The statute itself impliedly speaks to waiver in § 768.28(6)(d), where it provides "unless the agency had actual notice of the information required to be disclosed by paragraph (c)....”…
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LaRIVIERE v. S. Broward Hosp. Dist., 889 So. 2d 972 (Fla. 4th DCA 2004)…irect and specific to reasonably put the department on notice of the existence of the claim and demand. The notice must advise the department that a claim is made against a state agency or subdivision. See Brower v. State Dept. of Natural Resources, 698 So. 2d 568, 570 (Fla. 2d DCA 1997). Here, the purely coincidental service of the notice and the complaint on the department as agent for service for BCBS is clearly not notice to the department regarding a claim against a state subdivision. We note that there…
Authorities Cited
- Fla. Patient's Comp. Fund v. Rowe, 472 So. 2d 1145 (Fla. 1985)
- Amos Fowler & Amylene, Inc. v. First Fed. Sav. & Loan Ass'n OF Defuniak Springs now known as First Fed. Sav. Bank of Defuniak Springs, 643 So. 2d 30 (Fla. 1st DCA 1994)