Verhunce v. Metropolitan Dade County

374 So. 2d 640, 1979 Fla. App. LEXIS 15724

Opinion

PER CURIAM.

A summary final judgment was entered in favor of Metropolitan Dade County because the appellant, plaintiff in the trial court, had not given the notice required by Section 2-2 of the Code of Metropolitan Dade County, Florida (under the Code, this is a condition prerequisite to a tort claim).

The summary final judgment is reversed upon the authority of Scavella v. Fernandez, 371 So.2d 535 (Fla. 3d DCA 1979),¹ with directions to the trial court to proceed with the cause.

Reversed and remanded, with directions.

1 . The order under review in the instant case was entered prior to the Scavella opinion.