LISENBEE
v.
WHITMAN

Fla. 5th DCA | 2018-08-13
No. 18-396
Galluzzo, J., Orfinger, J., Evander, J., Edwards, J.
Florida District Court of Appeal, Fifth District (2018)

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Holding

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.


Headnotes

[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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Facts & Procedural History

Cory Lisenbee filed an amended complaint against Dean Whitman. The trial court dismissed the complaint with prejudice.…

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Opinion of the Court
Edwards

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.


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