LISENBEE
v.
WHITMAN
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A complaint must be dismissed with prejudice when the applicable statute of limitations has run and the plaintiff has failed to comply with mandatory presuit investigation and notice requirements under Florida Statutes chapter 766.
[1] A complaint is properly dismissed with prejudice when the statute of limitations has expired and the plaintiff has failed to comply with mandatory presuit investigation a…
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Join FLexlaw to unlock all legal intelligenceCory Lisenbee filed an amended complaint against Dean Whitman. The trial court dismissed the complaint with prejudice.…
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
CORY LISENBEE,
Appellant,
v. Case No. 5D18-396
DEAN WHITMAN,
Appellee.
________________________________/
Opinion filed August 17, 2018
Appeal from the Circuit Court for Seminole County, John Galluzzo, Judge.
Cory Lisenbee, Lake Mary, pro se.
Joseph S. Justice, of Ringer, Henry, Buckley & Seacord, PA, Orlando, for Appellee.
PER CURIAM.
The trial court properly dismissed Appellant’s amended complaint with prejudice. The applicable statute of limitations had run, and Appellant admittedly failed to comply or plead compliance with the mandatory presuit investigation and notice requirements set forth in chapter 766, Florida Statutes.
AFFIRMED.
ORFINGER, EVANDER and EDWARDS, JJ., concur.